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G. S. AHLUWALIA
Kalyan Kewat – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by a detailed order dated 14.12.2021 passed in M.Cr.C.No.60422/2021 with liberty to revive the prayer after undergoing some reasonable period of detention.
The applicant has been arrested on 14.11.2021 in connection with Crime No.410/2021 registered at Police Station Dharnavada, District Guna for offence under Section 34(2) of Excise act.
according to the prosecution case, 60 bulk litres of country made liquor has been seized from the possession of the applicant and the applicant has a criminal history. Previously, the applicant has been convicted in two offences of similar in nature and one more offence under Section 34 of Excise act is pending against him. 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.
Since the applicant has not shown any improvement in his life, therefore, he cannot be granted bail except on stringent condition of furnishing cash surety.
Considering
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 under stringent conditions based on the nature of the offences and the applicant's criminal antecedents to ensure appearance before the trial court.
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 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'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 court may grant bail considering the absence of seized items, the defendant's criminal record, and the likelihood of a lengthy trial.
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