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SUBODH ABHYANKAR
Deepak S/o Mansingh Narvariya – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh abhyankar, J. - This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.1705/2021 registered at Police Station Lasudiya, Indore District Indore (MP) for offence punishable under Section 34 (2) of the Madhya Pradesh Excise act, 1915.
The applicant is in custody since 24.12.2021.
The allegation against the applicant is that he was found involved in possession of 54.75 bulk liters of unauthorized liquor which was being transported in an auto Rickshaw bearing registration number MP-09 Ta-1597.
Counsel for the applicant has submitted that three cases (out of total six cases) under Sections 34 (1) of the Madhya Pradesh Excise act, 1915 have been registered against the applicant; and this is the first offence of the present applicant under Section 34 (2) of the Madhya Pradesh Excise act, 1915. The charge sheet has already been filed and the final conclusion of the trial is likely to take sufficiently long time.
Hence, it is prayed that the application be allowed and the applicant be released on bail.
Learned counsel for the respondent / State, on the other hand, has opposed the prayer.
Ha
The Court considered the number of cases and the expected trial duration in granting bail under Section 439 of Cr.P.C. for possession of unauthorized liquor.
The central legal point established in the judgment is that the length of custody, the quantity of seized unauthorized liquor, and the absence of any case registered under the relevant provision infl....
The court considered the absence of seized items, lack of criminal past record, and potential trial delay as grounds for granting bail under Section 439 of the Criminal Procedure Code, 1973.
The main legal point established is that the court may grant bail under Section 439 of the Criminal Procedure Code, 1973, based on the period of incarceration and the quantity seized from the applica....
The court considered the filing of the charge sheet and the precedent of granting bail to co-accused persons under similar circumstances in allowing the bail application.
The court's decision to grant bail was based on the considerations of the duration of custody, absence of criminal antecedents, and the likelihood of a lengthy trial, as provided under Section 439 of....
The central legal point established in the judgment is the requirement of legal evidence to connect an accused with an alleged offence under the M.P. Excise Act, influencing the court's decision to g....
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