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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Rajaram – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 20477 of 2022
Decided On : 25-04-2022
Bail - Criminal Procedure Code - The court granted bail to the applicant under Section 439 of the Criminal Procedure Code, 1973, in connection with an offence under the M.P. Excise Act, 1915, based on the lack of criminal antecedents, absence of recovery from the applicant, and the prolonged trial period.
Fact of the Case:
The applicant filed for bail under Section 439 of the Criminal Procedure Code, 1973, in connection with an offence under the M.P. Excise Act, 1915, where he was implicated due to the recovery of liquor from co-accused persons using a vehicle owned by the applicant.
Finding of the Court:
The court allowed the bail application, considering the lack of criminal antecedents, absence of recovery from the applicant, and the prolonged trial period, without commenting on the merits of the case.
Issues: Grant of bail under Section 439 of the Criminal Procedure Code, 1973, in connection with an offence under the M.P. Excise Act, 1915, based on lack of criminal antecedents and absence of recovery from the applicant.
Ratio Decidendi: The court's decision was influenced by the lack of criminal antecedents, absence of recovery from the applicant, and the prolonged trial period, without commenting on the merits of the case.
Final Decision: The court directed the release of the applicant on bail upon furnishing a personal bond and solvent surety, with compliance to the provisions of Section 437(3) Cr.P.C., and subject to the directions/guidelines issued by the Government regarding COVID-19.
JUDGMENT
Rajendra Kumar Verma, J. - This is first application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail during trial.
The applicant is facing trial in connection with Crime No.84/2022, registered at Police Station-Nalkheda, District-agar (Malwa), concerning offence under Sections 34(2) of M.P. Excise act, 1915.
Allegation against the applicant is that he is involved in the offence wherein 1872 liters of beer was recovered from the possession of co-accused persons. applicant was also arrested, as the vehicle which was used for transportation of the alleged liquor was in the ownership of the present applicant.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present crime. He is arrested in the case only because he is the owner of the pick up vehicle. It is also submitted that the pick-up van was hired by the accused persons. There is no recovery from the present applicant. There are no criminal antecedents against the applicant, who is in custody since 26.03.2022, charge sheet has been filed and conclusion of trial will take sufficient long time. Under these circumstances, learned counsel prays for grant of bail to the applicant.
Learned Panel lawyer has opposed the application, however, he fairly conceded that there is no criminal antecedents against the applicant.
Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.
It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the precondition of bail, it shall become ineffective and cancelled without reference to this Bench.
Certified Copy as per rules.
The main legal point established in the judgment is that the grant of bail under Section 439 of the Criminal Procedure Code, 1973, can be influenced by factors such as lack of criminal antecedents, a....
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 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 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 applied the provisions of Section 439 of the Criminal Procedure Code, 1973, and considered the circumstances and arguments presented by the parties in allowing the application for bail unde....
The central legal point established in the judgment is the requirement of legal evidence to connect an accused with an alleged offence under the M.P. Excise Act, influencing the court's decision to g....
Grant of bail based on the amount of seized liquor and period of custody, without commenting on the merits of the case.
Grant of bail based on lack of legal evidence connecting the accused to the offence and the prolonged trial process.
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