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2022 Supreme(MP) 1641
IN THE HIGH COURT OF MADHYA PRADESH
Vivek Agarwal, J.
Basant Choudhary – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.7352 of 2022
Decided On : 10-02-2022
Sanjayram Tamrakar, Advocate, Anshul Mishra, Advocate
Final Result : Allowed
The insufficiency and indifference of the prosecution to bring on record the FSL report, absence of criminal history under the Excise act, and the period of incarceration influenced the court's decision to grant bail.
Headnote:
Bail Application - M.P. Excise Act - The court allowed the bail application of the applicant, considering the insufficiency and indifference of the prosecution to bring on record the FSL report, absence of criminal history under the Excise act, and the period of incarceration.
Fact of the Case:
The applicant was in custody for the possession of mahua liquor under the M.P. Excise Act. The FSL report was not brought on record despite the completion of investigation and filing of the charge-sheet.
Finding of the Court:
The court allowed the bail application, directing the release of the applicant on bail upon furnishing a personal bond and sureties, considering the insufficiency and indifference of the prosecution to bring on record the FSL report, absence of criminal history under the Excise act, and the period of incarceration.
Issues: Bail application under Section 439 of Cr.P.C. for offence punishable under Sections 34(1)(a) and 49a of M.P. Excise act.
Ratio Decidendi: The insufficiency and indifference of the prosecution to bring on record the FSL report, absence of criminal history under the Excise act, and the period of incarceration influenced the court's decision to grant bail.
Final Decision: The court allowed the bail application and directed the release of the applicant on bail upon furnishing a personal bond and sureties, with compliance to the provisions of Section 437(3) of the Cr.P.C.
JUDGMENT
Vivek agarwal, J. - This is first bail application filed under Section 439 of Cr.P.C. on behalf of the applicant- Basant Choudhary S/o Preetam Choudhary.
Case Crime No.450/2021 is registered at Police Station Themi, District Narsinghpur for offence punishable under Sections 34(1)(a) and 49a of M.P. Excise act. The applicant is in custody since 14.09.2021.
Learned counsel for the applicant submits that 05 bulk litres of mahua liquor was recovered from the possession of the applicant. The applicant is innocent and he has been falsely implicated in this case. It is submitted that no FSL report has been brought on record though investigation is complete, charge-sheet is filed.
She anshul Mishra submits that sample was sent for FSL reporting in October, 2021.
The impugned order itself, it is mentioned that after investigation, charge-sheet was filed on 08.11.2021, but despite lapse of considerable time of over 04 months, prosecution has not bothered to bring on record FSL report. In absence of FSL report, allegation under Section 49a of Excise act is not sustainable.
Shri anshul Mishra submits that there is criminal history of applicant, however, criminal history reveals that none of the cases under the Excise act have been lodged against the present applicant and the cases are under different sections of IPC and Cr.P.C.
Taking these facts into consideration, period of incarceration and insufficiency and indifference of prosecution to bring on record the FSL report, without commenting on the merits, this application is allowed.
It is directed that applicant shall be released on bail upon his furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
The jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
Certified copy as per rules.
