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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G.S. Ahluwalia, J.
Ajay Rajak @ Ajju – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 17126 of 2022
Decided On : 05-04-2022
Bail - M.P. Excise Act - The court granted bail to the applicant who had been arrested for possession of illegal liquor and raw materials for manufacturing illegal liquor. The court considered the absence of the FSL report, lack of criminal history, and the likelihood of a lengthy trial in granting bail with certain conditions.
Fact of the Case:
The applicant was arrested for possession of illegal liquor and raw materials for manufacturing illegal liquor. The FSL report was pending, and the trial was expected to take a long time.
Finding of the Court:
The court allowed the bail application, considering the absence of the FSL report, lack of criminal antecedents, and the likelihood of a lengthy trial. The court directed the applicant to be released on bail with certain conditions.
Issues: Bail application under Section 439 of Cr.P.C. for possession of illegal liquor and raw materials for manufacturing illegal liquor.
Ratio Decidendi: The court considered the absence of the FSL report, lack of criminal history, and the likelihood of a lengthy trial in granting bail to the applicant.
Final Decision: The court allowed the bail application and directed the applicant to be released on bail with certain conditions, including a personal bond and surety, appearance before the Trial Court, and monthly appearance before the police station.
JUDGMENT
G.S. ahluwalia, J. - This third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed as withdrawn by order dated 3.3.2022 passed in M.Cr.C.No.10491/2022.
The applicant has been arrested on 19.12.2021 in connection with Crime No.182/2021 registered at Police Station Panihar, District Gwalior for offence under Sections 34(2), 49(a) of M.P. Excise act.
It is submitted by Shri Ravi Dwivedi that according to the prosecution case, 1746 bulk litres of country made liquor has been seized from the possession of the applicant and the co-accused. It is also alleged that a huge quantity of raw material for manufacturing illegal liquor, machinery is also seized. However, it is submitted that the applicant is in jail for the last more than three months. The FSL report has not been received, therefore, it is not known as to whether the liquor seized from the possession of the applicant is unfit for human consumption or not. The applicant has no criminal history. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State. However, after going through the case diary, it is fairly conceded that neither the FSL report has been received nor the case diary contains any criminal antecedents of the applicant.
Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
It is made clear that after the FSL report is received, if it is found that the liquor seized from the possession of the applicant is unfit for human consumption, then this order shall lose its effect and the applicant shall be under obligation to immediately surrender before the Trial Court. Otherwise, this order shall remain in force, till the conclusion of Trial.
It is further directed that the applicant shall appear before the S.H.O. Police Station Panihar, District Gwalior on 1st of every month during the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.
In the light of the judgment passed by the Supreme Court in the case of aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.
The court considered the absence of the FSL report, lack of criminal history, and the likelihood of a lengthy trial in granting bail to the applicant.
The court may grant bail under Section 439 of Cr.P.C. based on the absence of heinous offences in the applicant's criminal history and the likelihood of a lengthy trial, while imposing specific condi....
The court may grant bail based on the duration of custody and expected trial duration, and may impose specific conditions to ensure the applicant's compliance and cooperation during the trial.
Granting bail under Section 439 of the Cr.P.C and imposing specific conditions to ensure compliance and cooperation during the trial.
The court has the discretion to grant bail on stringent conditions, taking into account the period of detention, the circumstances of the case, and the lack of improvement in the applicant's life.
Granting bail based on lack of evidence and completion of investigation.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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