Back
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Subodh Abhyankar, J.
Ranjeet @ Fakirchand @ Fakira S/o Ram Singh So.Rajput – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.8109 of 2022
Decided On : 15-02-2022
Madhya Pradesh Excise Act, 1915 - Bail Application - The court allowed the bail application of the applicant who was implicated for possession of unauthorized liquor under Section 34 (2) of the Madhya Pradesh Excise Act, 1915, considering the fact that the applicant had been in custody for more than three months and no case under the said provision had been registered against him.
Fact of the Case:
The applicant filed a repeat application for bail under Section 439 of the Criminal Procedure Code, 1973, as he was implicated in a case for possession of unauthorized liquor under Section 34 (2) of the Madhya Pradesh Excise Act, 1915. The applicant had been in custody since 09.11.2021.
Finding of the Court:
The court, without adverting to the merits of the case, allowed the bail application, considering the fact that the applicant had been in custody for more than three months, the quantity of unauthorized liquor seized, and the absence of any case registered against the applicant under Section 34 (2) of the Madhya Pradesh Excise Act, 1915.
Issues: The main issue was whether the applicant should be granted bail despite being implicated for possession of unauthorized liquor under Section 34 (2) of the Madhya Pradesh Excise Act, 1915.
Ratio Decidendi: The court considered the length of the applicant's custody, the quantity of unauthorized liquor seized, and the absence of any case registered against the applicant under Section 34 (2) of the Madhya Pradesh Excise Act, 1915, in allowing the bail application.
Final Decision: The court allowed the bail application and directed the release of the applicant on bail upon furnishing a personal bond and surety, with a warning that the bail order would stand cancelled if the applicant engaged in any criminal activity again.
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 His earlier first application Miscellaneous Criminal Case No.64443/2021 was rejected as withdrawn by this Court vide order dated 30.12.2021 with a liberty to renew the prayer after completion of three months' of incarceration.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 application be allowed and the applicant be released on bail.
Learned counsel for the respondent / State, on the other hand, has opposed the prayer. However, it is not denied that no case under Section 34 (2) of the MP Excise act, 1959 has been registered against the applicant. On due consideration of the rival submissions and on perusal of the case diary and taking note of the fact that the applicant is lodged in jail since more than three months and the quantity seized which is 60 bulk liters of unauthorized liquor and no case under Section 34 (2) of the MP Excise act has been registered against the applicant and 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.50,000/- (Rupees Fifty Thousand 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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
