Arjun Verma vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1185

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Pranay Verma, J.
Arjun Verma – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 57965 of 2022
Decided On : 08-12-2022

Advocates Appeared:
Ramesh Yadav, Advocate, Rahul Solanki, Advocate
Final Result : Allowed

Headnote:
Bail - M.P. Excise Act - The court granted bail to the applicant under Section 439 of the Criminal Procedure Code, 1973, considering the amount of liquor seized and the period of custody already undergone by the applicant.
Fact of the Case:

The applicant is implicated in connection with a case registered under Section 34(2) of the M.P. Excise Act for the possession of illicit liquor. The applicant has been in custody since 2.11.2022.
Finding of the Court:

The court, after considering the submissions from both parties and reviewing the case diary, granted bail to the applicant upon furnishing a personal bond and a surety, with the condition of regular appearance before the trial court and compliance with Section 437(3) of the Criminal Procedure Code, 1973.
Issues: The main issue was whether the applicant should be granted bail despite the allegations and the criminal antecedents.
Ratio Decidendi: The court considered the amount of liquor seized from the applicant's possession and the period of custody already undergone by the applicant as the basis for granting bail.
Final Decision: The court allowed the application and directed the release of the applicant on bail, with specified conditions to be followed during the trial.

JUDGMENT

Pranay Verma, J. - They are heard. Perused the case diary /challan papers.

2. This is the first application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.699/2022 registered at Police Station Narsinghgarh, District Rajgarh for offence punishable under Section 34(2) of the M.P. Excise Act.

3. The applicant is in custody since 2.11.2022.

4. The allegation against the applicant is that from the possession of applicant 80 bulk litres of illicit liquor has been seized.

5. Counsel for the applicant submits that he has not committed any offence alleged by the prosecution. He is in jail since 2.11.2022. Investigation is complete and challan has been filed. Final conclusion of trial is likely to take sufficient long time and material produced by the prosecution appears to be insufficient against him. Therefore, the applicant be released on bail.

6. Counsel for the respondent/State, on the other hand, has opposed the prayer and prays for rejection of the application. He submits that the applicant is having 3 more criminal antecedents.

7. After considering the rival submissions made by the learned counsel for the parties and going through the case diary, in the opinion of this Court looking to the amount of liquor seized from the possession of the applicant and the period of custody already undergone by him, it is a fit case for grant of bail.

8. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/-with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

9. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.

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