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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G.S. Ahluwalia, J.
Monti Alias Prashant Jain – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.5372 of 2022
Decided On : 01-02-2022
Bail - M.P. Excise Act - The court granted bail to the applicant, who was arrested for possession of country-made liquor under Section 49-a of M.P. Excise Act, considering the absence of heinous offences in the applicant's criminal history and directing the applicant to appear before the police station and the Trial Court as specified.
Fact of the Case:
The applicant was arrested for possession of country-made liquor under Section 49-a of M.P. Excise Act. The applicant had a criminal history, but no offences under NDPS or M.P. Excise Act were registered against him.
Finding of the Court:
The court granted bail to the applicant, considering the absence of heinous offences in the applicant's criminal history and the likelihood of a lengthy trial, without commenting on the merits of the case.
Issues: Grant of bail under Section 439 of Cr.P.C. in connection with possession of country-made liquor under Section 49-a of M.P. Excise Act.
Ratio Decidendi: The absence of heinous offences in the applicant's criminal history and the likelihood of a lengthy trial influenced the court's decision to grant bail.
Final Decision: The court allowed the application and directed the applicant to be released on bail, with specific conditions including appearance before the police station and the Trial Court, and surrender if the seized liquor is found unfit for human consumption.
JUDGMENT
G.S. ahluwalia, J. - This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 11.01.2022 in connection with Crime No.36/2022 registered by Police Station Janakganj Distt. Gwalior for offence punishable under Section 49-a of M.P. Excise act.
It is submitted by the counsel for the applicant that according to the prosecution case, 5 litres of country made liquor has been seized from the possession of the applicant and according to prosecution, the same is unfit for human consumption. It is submitted that although the applicant has a criminal history, but no offence under NDPS or MP Excise act was ever registered against him. In view of criminal antecedents, he is ready and willing to abide by any stringent condition which may be imposed by this Court. 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 opposed by the counsel for the respondent/State. It is submitted that investigation is still pending and FSL report has not been received. It is further submitted that applicant has a criminal history and four more criminal cases have been registered against him. However, he fairly conceded that heinous offence has not been registered against the applicant so far except one offence under Section 394 of IPC.
Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
It is further directed that the applicant shall appear before the S.H.O. Police Station Janakganj, District Gwalior on 1st of every month during the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.
It is made clear that after the FSL report is received, if it is found that the liquor seized from the possession of the applicant is unfit for human consumption, then this order shall lose its effect and the applicant shall be under obligation to immediately surrender before the Trial Court. Otherwise, t his order shall remain in force, till the conclusion of Trial. In case of bail jump, or violation of any of the condition(s) mentioned above, this order shall automatically lose its effect.
In the light of the judgment passed by the Supreme Court in the case of aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.
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 may grant bail based on the duration of custody and expected trial duration, and may impose specific conditions to ensure the applicant's compliance and cooperation during the trial.
Granting bail under Section 439 of the Cr.P.C and imposing specific conditions to ensure compliance and cooperation during the trial.
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.
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.
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.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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