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SANJAY DWIVEDI
Rohit Narvariya – 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 applicant for grant of bail, who is behind the bars since 21.11.2022 in connection with Crime No.420/2022 registered at Police Station Mandideep, District Raisen (M.P.) for the offence punishable under Section 34(2) of M.P Excise Act.
2. As per the story put-forth by the prosecution, the applicant was caught illegally transporting 55 bulk litres of liquor, for which he had no licence or permit.
3. Learned counsel for the applicant sanguinely submits that the applicant has been fallaciously roped in the crime. He submits that the offence is triable by the Court of Judicial Magistrate First Class and the applicant has no criminal antecedents. He propounds that the trial will surely take time to conclude. On these grounds, he implores that the applicant 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 the fact that the applicant is an under-trial accused, I am inclined to consider and allow this bail appl
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.
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....
The court has the discretion to grant bail based on the facts and circumstances of the case, and the applicant's compliance with specific conditions.
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.
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