Back
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Pranay Verma, J.
Bhaiyyu Khan @ Ayyaz – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 57025 of 2022
Decided On : 05-12-2022
Bail - M.P. Excise Act - Grant of bail to applicant implicated for possession of unauthorized liquor
Fact of the Case:
The applicant is in custody for possession of 60 bulk litre unauthorized country made liquor. The applicant seeks bail, claiming insufficient evidence against him, while the State opposes, citing the applicant's criminal antecedents.
Finding of the Court:
The Court, after considering the amount of liquor seized and the period of custody undergone by the applicant, grants bail without commenting on the merits of the case.
Issues: Grant of bail under Section 439 of Criminal Procedure Code, 1973 for offence under Section 34(2) of the M.P. Excise Act.
Ratio Decidendi: The Court considered the amount of liquor seized and the period of custody undergone by the applicant as factors for granting bail, without commenting on the merits of the case.
Final Decision: The application for bail is allowed, and the applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety of the like amount to the satisfaction of the trial Court, with conditions for his regular appearance and compliance with Section 437(3) of the Criminal Procedure Code, 1973.
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.570/2022 registered at Police Station Sitamau, District Mandsaur (MP) for offence punishable under Section 34(2) of the M.P. Excise Act.
3. The applicant is in custody since 02.10.2022.
4. The allegation against the applicant is that from the possession of applicant 60 bulk litre unauthorized country made liquor has been seized.
5. Counsel for the applicant submits that he has not committed any offence alleged by the prosecution. He is in jail since 02.10.2022. Investigation is complete 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.
6. Counsel for the respondent/State, on the other hand, has opposed the prayer by submitting that applicant is having five criminal antecedents under the provisions of the IPC and prays for rejection of the application.
7. 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.
8. 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.50,000/- (Rupees Fifty 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.
9. 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.
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.
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 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.
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.
Granting bail based on lack of evidence and completion of investigation.
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
