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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Pranay Verma, J.
Chayan Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 57867 of 2022
Decided On : 08-12-2022
Section 439 - Criminal Procedure Code - Bail granted to applicant accused of possession of spurious liquor without conclusive evidence of its poisonous nature
Fact of the Case:
The applicant is implicated in connection with a case involving possession of spurious liquor and has been in custody since the date of the alleged offense. The prosecution has alleged that 5 bulk litres of spurious liquor were seized from the applicant.
Finding of the Court:
The court found that the police had completed the investigation and that there was no conclusive evidence, apart from the assumption of the seizing officer, that the seized liquid was poisonous or unfit for human consumption. Therefore, the court deemed it proper to release the applicant on bail without commenting on the merits of the case.
Issues: The main issue was whether the applicant should be granted bail despite the pending FSL report on the seized liquid.
Ratio Decidendi: The court's decision was influenced by the lack of conclusive evidence regarding the nature of the seized liquid and the completion of the investigation by the police.
Final Decision: The court granted bail to the applicant on the condition of furnishing a personal bond and solvent surety, and imposed additional conditions related to cooperation with the trial and non-involvement in criminal activities. The bail was made subject to the pending FSL report, and in case the report confirms the poisonous nature of the seized liquid, the bail would automatically come to an end.
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.606/2022, registered at Police Station Mahakal, District Ujjain, for offence punishable under Section 49-A of the M.P. Excise Act.
3. The applicant is in custody since 12.5.2022.
4. The allegation against the applicant is that from the possession of applicant 5 bulk litres of spurious liquor has been seized.
5. Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the case. It is further submitted that no document is produced by the prosecution to establish that this was a poisonous liquor except assumption of seizing officer. Though the seized liquor is sent to FSL for chemical analysis but report is awaited. There is no evidence against him. The conclusion of trial is likely to take time. The applicant is permanent resident of District Ujjain and there is no possibility of his absconding. Applicant is ready to furnish adequate security. He is in custody since 12.5.2022. Investigation is complete and charge sheet has already been filed. On such grounds prayer for grant of bail is made.
6. The aforesaid prayer is opposed by counsel for the respondent/State stating that the FSL report has been sought for though the same is yet to be received.
7. Considering that the police has completed the investigation and nothing is there except assumption of the Seizing Officer that the seized liquid was poisonous or unfit for human consumption and other facts and circumstances of the case, I deem it proper to release the applicant on bail. Therefore, without commenting on merits of the case, the application is allowed.
8. It is directed that the applicant be released from custody on his furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions :-
(i) The applicant shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial;
(ii) The applicant shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade them from disclosing truth before the Court;
(iii) The applicant shall not commit any offence or involve in any criminal activity;
(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.
9. However, this bail shall be subject to FSL report. In case, the FSL confirms that the seized liquid is poisonous or is not fit for human consumption, this order shall automatically come to an end and the applicant shall immediately surrender before the Court.
10. With the aforesaid directions, M.Cr.C. stands allowed and disposed off. Certified copy as per rules.
The court's decision to grant bail was based on the lack of conclusive evidence regarding the nature of the seized liquid and the completion of the police investigation.
Granting bail based on lack of evidence and completion of investigation.
The absence of legal evidence and FSL report, coupled with the prolonged trial process, can be grounds for granting bail in cases involving possession of alleged poisonous substances.
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 court's decision to grant bail was influenced by the amount of seized liquor and the period of custody undergone by the applicant, without commenting on the merits of the case.
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