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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Satish Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 12112 of 2022
Decided On : 08-03-2022
Bail Application - M.P. Excise Act - The court allowed the bail application under Section 439 Cr.P.C, considering the length of custody and the likelihood of a prolonged trial, without commenting on the merits of the case.
Fact of the Case:
The applicant was arrested for the offence under M.P. Excise Act after illicit liquor was found in his possession. The applicant claimed innocence and sought bail, citing prolonged custody.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the bail application, considering the length of custody and the likelihood of a prolonged trial.
Issues: Bail application under Section 439 Cr.P.C
Ratio Decidendi: The court considered the length of custody and the likelihood of a prolonged trial in granting bail, without commenting on the merits of the case.
Final Decision: The bail application was allowed, and the applicant was ordered to be released on bail upon furnishing a bail bond of Rs.25,000 with one solvent surety.
JUDGMENT
Deepak Kumar agarwal, J. - This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
The applicant was arrested on 07.02.2022 in connection with Crime No.180/2021 by Police Station Gormi, District Bhind (MP) for the offence punishable under Sections 34(2) and 49(a) of M.P. Excise act.
As per prosecution story, on 17.06.2021, Police Inspector of Police Station Gormi on the secret information searched village akloni in the house of Sanjay Parmar two persons have kept illicit liquor in a Wagnor, six persons are packing the liquor, seven persons ran away and one person was caught hold. He narrated his name as Mukesh, S/o Hakim Singh Bhadoria and told the names of seven persons as Vikas, Girraj, Suresh, Satish (present applicant) Govind,Vishnu and Shaitan Singh. From the Wagnor 10 boxes of country made liquor and from the tin-shed 14 boxes of country made liquor was seized and a crime under the aforesaid offence was registered. The applicant-accused was arrested on 07.02.2022. after investigation charge sheet has been filed.
Learned counsel for the applicant submits that applicant is innocent and he has has been falsely implicated. He has not committed any offence in any manner. He is in custody since 07.02.2022. Co-accused Shaitan Singh has been granted bail vide order dated 11.01.2022 passed in M.Cr.C.No.64271/2021. He is ready to abide by all the terms and conditions which may be imposed by this Court. Under these circumstances, he prays for grant of bail to the applicant.
Learned counsel for the State vehemently opposed the application and prays for its rejection.
Heard learned counsel for the rival parties at length and perused the case diary.
Looking to the facts and circumstances of the case coupled with the fact that applicant is in custody since 07.02.022 and conclusion of the trial will take time, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. He will present during trial before the trial Court on each and every date.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
The court may grant bail considering the length of custody and the likelihood of a prolonged trial, without commenting on the merits of the case.
Granting bail under Section 439 Cr.P.C and imposing conditions for release.
The court emphasized the importance of the applicant's cooperation in the trial when granting bail.
Grant of bail under Section 439 Cr.P.C in connection with the offence under the M.P. Excise Act based on the facts and circumstances of the case.
The court has the discretion to grant bail based on the nature and gravity of the alleged offence, the arguments presented, and the willingness of the applicant to abide by specified conditions.
The court's decision to grant bail was influenced by the circumstances of the case, including the quantity of seized liquor, pending report on the nature of the liquor, and the period of custody suff....
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 during trial based on the facts and circumstances of the case, without commenting on the merits of the case.
Grant of bail based on the facts and circumstances of the case without commenting upon the merits of the case.
The court's decision to grant bail was influenced by the absence of seizure from the applicant's possession and the open place of seizure, without commenting on the merits of the case.
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