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G. S. AHLUWALIA
Chironji Lal Jatav – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - This second application under Section 439 of CrPC has been filed for grant of bail. First bail application of the applicant was dismissed as withdrawn by order dated 31.01.2022 passed in M.Cr.C. No.4969/2022.
The applicant has been arrested on 24.12.2021 in connection with Crime No.105/2021 registered at Police Station Bargawan Distt. Sheopur for offence under Section(s) 34(2) and 49(a) of M.P. Excise act.
According to the prosecution case, 57 bulk liters of country made liquor has been seized from the possession of the applicant. First bail application was rejected with liberty to revive after undergoing some reasonable period of detention as the applicant has criminal antecedents. according to Shri C.P. Singh, 4 more criminal cases were registered against the applicant. Out of which, one was registered in the year 2009 for offence under Sections 341, 294 of IPC which came to an end on the basis of compromise. another offence was registered in the year 2015 for offence under Sections 323, 294, 506-B, 34 of IPC and which also concluded on the basis of compromise. Third offence was registered under Section 34(2) of M.P. Excise act and a fine of Rs.1,000/-
Granting bail under stringent conditions based on the nature of the offences and the applicant's criminal antecedents to ensure appearance before the trial court.
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.
Grant of bail under Section 439 of Cr.P.C. considering the period of detention, criminal history of the applicant, and readiness to furnish cash surety.
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'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....
Bail under section 59-A(ii) of the M. P. Excise Act can be granted if the Public Prosecutor is heard and the court finds reasonable grounds for believing the accused is not guilty.
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.
Grant of bail based on lack of criminal past, trial being triable by lower court, and expected time for trial conclusion.
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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