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SANJAY DWIVEDI
Shekhar Jhariya – Appellant
Versus
State of Madhya Pradesh – Respondent
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 i
Grant of bail based on lack of criminal past, trial being triable by lower court, and expected time for trial conclusion.
The court has the discretion to grant bail during trial based on the facts and circumstances of the case, without commenting on the merits of the case.
The court's decision to grant bail was influenced by the circumstances of the case, including the quantity of seized liquor, pending report on the nature of the liquor, and the period of custody suff....
The court's decision to grant bail was influenced by the amount of liquor seized and the period of custody already undergone by the applicant, without commenting on the merits of the case.
Grant of bail based on the amount of seized liquor and period of custody, without commenting on the merits of the case.
The main legal point established in the judgment is the court's discretion to grant bail during trial under Section 439 of the Criminal Procedure Code, 1973, based on the facts and circumstances of t....
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