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G. S. AHLUWALIA
Manoj – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed as withdrawn by order dated 05/01/2022 passed in MCRC No.63763/2021.
The applicant has been arrested on 27/11/2021 in connection with Crime No.767/2021 registered at Police Station Civil Line, District Morena for offence under Section 34(2) of M.P. Excise act.
According to the prosecution case 90 bulk liters of English liquor was seized from the possession of the applicant. The applicant has a criminal history and six more criminal cases have been registered against him for offence under Section 34 and 34(2) of M.P. Excise act, out of which fine amount has been imposed in four cases. Looking to the criminal antecedents of the applicant, it is submitted that Whiskey was seized from the possession of the applicant and in view of the criminal antecedents, he is ready and willing to furnish cash surety. He is in jail from 27/11/2021. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently oppos
Grant of bail under Section 439 of Cr.P.C. considering the period of detention, criminal history of the applicant, and readiness to furnish cash surety.
Granting bail under stringent conditions based on the nature of the offences and the applicant's criminal antecedents to ensure appearance before the trial court.
The court has the discretion to grant bail on stringent conditions, taking into account the period of detention, the circumstances of the case, and the lack of improvement in the applicant's life.
The court may grant bail under Section 439 of Cr.P.C. based on the absence of heinous offences in the applicant's criminal history and the likelihood of a lengthy trial, while imposing specific condi....
The court considered the absence of the FSL report, lack of criminal history, and the likelihood of a lengthy trial in granting bail to the applicant.
The court's decision to grant bail was influenced by the amount of liquor seized and the period of custody already undergone by the applicant, without commenting on the merits of the case.
Grant of bail based on the amount of seized liquor and period of custody, without commenting on the merits of the case.
The court's decision to grant bail was influenced by the amount of seized liquor and the period of custody undergone by the applicant, without commenting on the merits of the case.
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