Shekhar Jhariya vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1348

IN THE HIGH COURT OF MADHYA PRADESH
Sanjay Dwivedi, J.
Shekhar Jhariya & Ors. – Appellants
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 57870 of 2022
Decided On : 08-12-2022

Advocates Appeared:
Ajeet Kumar Thakur, Advocate, Tapan Bathre, Advocate
Final Result : Allowed

Headnote:
Bail Application - Illegal Possession of Liquor - The court allowed the bail application for the accused who were found in illegal possession of liquor without a license, considering that they were under-trial accused and had no criminal antecedents.
Fact of the Case:

The applicants were found in illegal possession of 54 bulk litres of liquor without a license or permit.
Finding of the Court:

The court allowed the bail application, directing the release of the applicants upon furnishing a personal bond and surety, considering that they were under-trial accused and had no criminal antecedents.
Issues: Bail application under Section 439 of the Code of Criminal Procedure for the offence punishable under Sections 34(1)(a) and 34(2) of M.P Excise Act.
Ratio Decidendi: Considering the under-trial status of the accused and absence of criminal antecedents, the court allowed the bail application.
Final Decision: The bail application is allowed, and the applicants are directed to be released on bail upon furnishing personal bond and surety to the satisfaction of the trial Court concerned.

JUDGMENT

Sanjay Dwivedi, J. - This first post-arrest application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicants for grant of bail, who are behind the bars since 10.11.2022 in connection with Crime No.153/2022 registered at Police Station Excise Department, Brat Shahpura, District Dindori (M.P.) for the offence punishable under Sections 34(1)(a) and 34(2) of M.P Excise Act.

2. As per the story put-forth by the prosecution, the applicants were found in illegal possession of 54 bulk litre of liquor for which they had no licence or permit.

3. Learned counsel for the applicants sanguinely submits that the applicants have been fallaciously roped in the crime. He submits that the offence is triable by the Court of Judicial Magistrate First Class and the applicants have no criminal antecedents. He propounds that the trial will surely take time to conclude. On these grounds, he implores that the applicants may be enlarged on bail.

4. In contrast, learned counsel for State opposes the bail application and prays for its dismissal.

5. Cogitating the overall facts and circumstances, including the fact that the applicants are under-trial accused, I am inclined to consider and allow this bail application. However, without commenting anything on merits, this application is allowed. It is directed that the applicants be released on bail upon their furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) each with one solvent surety each of the like amount to the satisfaction of the trial Court concerned for their appearance on the dates given by it.

6. It is further directed that the applicants shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

Certified copy as per rules.

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