Back
2022 Supreme(MP) 1533
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Satyendra Kumar Singh, J.
Mithun – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 9833 of 2022
Decided On : 24-02-2022
Important Points
Subject
Criminal Law - Bail Proceedings
Act Referred
MADHYA PRADESH EXCISE ACT : S.34(2)
Headnote
Bail - Illicit Liquor Possession - The court granted bail to the applicant under Section 439 of Cr.P.C, considering the absence of seizure from the applicant's possession and the open place of seizure, without commenting on the merits of the case.
Fact of the Case:
The applicant was arrested for possessing illicit liquor without a license. The prosecution alleged that the applicant was found with 60 bulk litres of illicit liquor on his possession.
Finding of the Court:
The court granted bail to the applicant, considering the absence of seizure from the applicant's possession and the open place of seizure, without commenting on the merits of the case.
Issues: The main issue was whether the applicant was entitled to bail despite the allegations of possessing illicit liquor without a license.
Ratio Decidendi: The court considered the absence of seizure from the applicant's possession and the open place of seizure, and granted bail without commenting on the merits of the case.
Final Decision: The court allowed the application and directed the applicant to be released on bail upon furnishing a personal bond and a solvent surety.
Anupam Chouhan, Advocate, Sameer Verma, Advocate
Final Result : Allowed
JUDGMENT
Satyendra Kumar Singh, J. - With the consent, heard finally.
Perused the case diary.
This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 14.01.2022 in connection with Crime No.09/2022 registered at Police Station Pipalrawan, District Dewas (M.P.) for commission of offence punishable under Sections 34(2) of the M. P. Excise act, 1915.
Prosecution story, in brief is that 14.01.2022, applicant was found having and carrying 60 bulk litres of illicit county made liquor in his possession, without having any license or authority.
Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant. Place of seizure is an open place and applicant has been falsely implicated in the matter. applicant is in custody since 14.01.2022. Charge-sheet has been filed. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.
Learned Panel Lawyer for the non-applicant - State has opposed the application and submits that applicant has criminal antecedents and about two criminal cases are registered against him but he fairly admits that none of them are under the Excise act.
Having considered the rival submissions, place of seizure, quantity of liquor said to be seized from the possession of the applicant and also considering other facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.
It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.
In view of the outbreak of 'Corona Virus disease (COVID-19), the concerned Jail authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.
This application is allowed and stands disposed of.
Certified copy, as per Rules.
