Back
PRANAY VERMA
Chayan Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
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
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
