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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Pranay Verma, J.
Mukesh @ Kalu – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 57062 of 2022
Decided On : 05-12-2022
Bail - Criminal Law - M.P. Excise Act - The court granted bail to the applicant based on the amount of liquor seized from his possession and the period of custody already undergone by him.
Fact of the Case:
The applicant is implicated in connection with a case under Section 34(2) of the M.P. Excise Act for the seizure of 70 bulk liters of country made liquor from his joint possession with a co-accused. The applicant sought bail, claiming innocence and citing insufficient evidence against him. The State opposed the bail, citing the applicant's criminal antecedents.
Finding of the Court:
The court, after considering the submissions and case diary, granted bail to the applicant based on the amount of seized liquor and the period of custody already undergone by him.
Issues: The main issue was whether the applicant should be granted bail despite the prosecution's allegations and the opposition from the State based on the applicant's criminal antecedents.
Ratio Decidendi: The court considered the amount of liquor seized and the period of custody undergone by the applicant as the basis for granting bail, without commenting on the merits of the case.
Final Decision: The court allowed the applicant's bail application, directing his release on bail upon furnishing a personal bond and surety, with conditions for his regular appearance before the trial court and compliance with Section 437(3) of the Criminal Procedure Code.
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. The applicant is implicated in connection with Crime No.519/2022, registered at Police Station Taal, District Ratlam for offence punishable under Section 34(2) of the M.P. Excise Act . The applicant is in custody since 09.11.2022.
3. As per the prosecution, 70 bulk liters of country made liquor has been seized from the joint possession of co-accused Irfan Khan and the applicant. Accordingly offence has been registered against the applicant.
4. Learned counsel for the applicant submits that he is innocent and he has not committed any offence alleged by the prosecution. Applicant is in custody since 09.11.2022. Investigation has been completed and challan has been filed. Final conclusion of trial is likely to take sufficient long time and material produced by the prosecution appears to be insufficient against him. Therefore, the applicant be released on bail.
5. Learned counsel for the respondent/State, on the other hand, has opposed the prayer by submitting that the applicant is having 13 criminal antecedents and prays for rejection of the application.
6. After considering the rival submissions made by the learned counsel for the parties and going through the case diary, in the opinion of this Court looking to the amount of liquor seized from the possession of the applicant and the period of custody already undergone by him, it is a fit case for grant of bail.
7. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
8. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
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.
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 liquor seized and the period of custody already undergone by the applicant, 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....
Granting bail based on lack of evidence and completion of investigation.
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.
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