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.

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.

Having considered the rival submissions and on perusal of the case diary and taking note of the fact that only one case under Section 34 (2) of the Madhya Pradesh Excise act, 1915 has been registered against the applicant (which is the present case) and the other cases include under Section 34 (1) of the MP Excise act as well as the final conclusion of the trial is likely to take sufficiently long time, this Court finds force with the contention raised by the counsel for the applicant.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed. The applicant shall be abide by the conditions as enumerated under Section 437(3) of Cr.P.C.

It is made clear that, after being released on bail, if the applicant again indulges himself in any criminal activity, the present bail order shall stand cancelled without further reference to the Court and the police shall be entitled to arrest the applicant in the present case also.

Certified copy, as per rules.