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2022 Supreme(MP) 1350
IN THE HIGH COURT OF MADHYA PRADESH
Sanjay Dwivedi, J.
Rohit Narvariya – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 57866 of 2022
Decided On : 08-12-2022
Subject
Criminal Law - Bail Applications
Act Referred
MADHYA PRADESH EXCISE ACT : S.34(2)
Headnote
Bail - M.P. Excise Act - The court allowed the bail application for the applicant who was caught illegally transporting liquor without a license, considering the fact that the applicant is an under-trial accused and without commenting on the merits of the case.
Fact of the Case:
The applicant filed a post-arrest bail application under Section 439 of the Code of Criminal Procedure after being arrested for illegally transporting liquor without a license.
Finding of the Court:
The court, after considering the overall facts and circumstances, including the fact that the applicant is an under-trial accused, allowed the bail application without commenting on the merits of the case.
Issues: The main issue was whether the applicant should be granted bail after being caught illegally transporting liquor without a license.
Ratio Decidendi: The court considered the fact that the applicant is an under-trial accused and decided to allow the bail application without commenting on the merits of the case.
Final Decision: The court allowed the bail application and directed the applicant to be released on bail upon furnishing a personal bond and surety to the satisfaction of the trial court, with the condition to abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
Sourav Singh Thakur, Advocate, Tapan Bathre, Advocate
Final Result : Allowed
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 application. However, without commenting anything on merits, this application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.
6. It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
Certified copy as per rules.
