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SUBODH ABHYANKAR
Ranjeet @ Fakirchand @ Fakira S/o Ram Singh So. Rajput – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh abhyankar, J. - This repeat (second) application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.461/2021 registered at Police Station alot, District Ratlam (MP) for offence punishable under Section 34 (2) of the Madhya Pradesh Excise act, 1915. His earlier first application Miscellaneous Criminal Case No.64443/2021 was rejected as withdrawn by this Court vide order dated 30.12.2021 with a liberty to renew the prayer after completion of three months' of incarceration.
The applicant is in custody since 09.11.2021.
The allegation against the applicant is that he was found in possession of 60 bulk liters of unauthorized liquor.
Counsel for the applicant has submitted that there are nine criminal cases registered against the applicant and almost all of them have been registered for offence under Sections 323, 506 and 324 of IPC couple with cases under Section 25 of the arms act, 1959; and no case under the provisions of MP Excise act has been registered against the applicant.
Counsel for the applicant has submitted that the applicant is in jail since 09.11.2021, therefore, it is prayed that the app
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 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 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'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 main legal point established in the judgment is the consideration of false implication and lack of evidence in granting bail.
The main legal point established in the judgment is the grant of anticipatory bail in connection with possession of unauthorized liquor under Section 34 (2) of the Madhya Pradesh Excise Act, 1915.
The completion of three months in custody and the applicant's acquittal in most of the cases were considered as grounds for allowing the bail application.
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