Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1343

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Irshad Khan – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 57903 of 2022
Decided On : 08-12-2022

Advocates Appeared:
Anshu Gupta, Advocate, Aniket Bhadoria, Advocate, Naval Kishor, Advocate
Final Result : Allowed

Grant of bail under Section 439 Cr.P.C in connection with the offence under the M.P. Excise Act based on the facts and circumstances of the case.

Headnote:
Bail Application - M.P. Excise Act - The court allowed the bail application under Section 439 Cr.P.C, ordering the release of the applicant on bail upon furnishing cash security and bail bond.
Fact of the Case:

The applicant filed a bail application under Section 439 Cr.P.C after being arrested for the offence punishable under Section 49(A) of the M.P. Excise Act, related to the possession of 4 liters of liquor unfit for human consumption.
Finding of the Court:

The court, without commenting on the merits of the case, allowed the bail application and ordered the release of the applicant on bail upon fulfilling certain conditions.
Issues: The main issue was the grant of bail to the applicant who had been arrested in connection with the offence under the M.P. Excise Act.
Ratio Decidendi: The court considered the facts and circumstances of the case and decided to grant bail to the applicant, emphasizing the need for the applicant to present during trial and comply with the specified conditions.
Final Decision: The court allowed the bail application, ordering the release of the applicant on bail upon fulfilling the specified conditions and directed the compliance of the order by the trial Court.

JUDGMENT

Deepak Kumar Agarwal, J. - This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

2. Applicant has been arrested on 29.06.2022 by Police Station, Kotwali, Shivpuri District Shivpuri in connection with Crime No.483/2022 for the offence punishable under Section 49(A) of the M.P. Excise Act.

3. As per prosecution story, from the possession of applicant, 4 liters of liquor unfit for human consumption has been seized. Liquor was sent for chemical analysis. As per chemical report, seized liquor was found unfit for human consumption. After investigation, charge-sheet has been filed.

4. Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He is in custody since 29.06.2022.. After investigation, charge-sheet has been filed. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

5. Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

6. Both the Advocates are heard. Case diary perused.

7. Looking to the facts and circumstances of the case, but without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash security of Rs.25,000/- along with bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

8. He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.25,000/- shall be forfeited without any notice.

9. Application stands allowed and disposed of.

10. Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

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