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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Lakhan @ Lakhansingh – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.4724 of 2022
Decided On : 28-01-2022
Bail - M.P. Excise act, 1915 - Sections 482, 483 and 403 of IPC - Grant of bail to applicant accused of possession of illicit liquor based on memorandum of co-accused recorded under Section 27 of the Evidence act
Fact of the Case:
The applicant sought bail, claiming innocence and false implication in a case involving possession of illicit liquor based on a memorandum of a co-accused recorded under Section 27 of the Evidence act.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the bail application considering the facts and circumstances, directing the release of the applicant on bail with specified conditions.
Issues: The main issue was the grant of bail to the applicant accused under the M.P. Excise act, 1915 and Sections 482, 483 and 403 of IPC based on the evidence of a memorandum of a co-accused.
Ratio Decidendi: The court considered the lack of legal evidence connecting the applicant to the offence and the prolonged trial process, leading to the grant of bail with specified conditions.
Final Decision: The court directed the release of the applicant on bail with specified conditions, to remain effective till the end of the trial, but subject to cancellation in case of bail jump or breach of pre-conditions.
JUDGMENT
Rajendra Kumar Verma, J. - This is first application under section 439 of Cr.P.C. for grant of bail on behalf of the applicant, who is in custody since 04/01/2022 in connection with Crime No.681/21, registered at Police Station - Kanadiya, Indore, District - Indore (M.P.), for the offence punishable under section 34(2) of M.P. Excise act, 1915 and under Sections 482, 483 and 403 of IPC.
According to the prosecution case, 72 bulk liters of illicit liquor was seized from the possession of co-accused aslam Shaik. It is alleged that the present applicant has been implicated on the basis of memorandum of co-accused recorded under Section 27 of the Evidence act. On this basis, a case has been registered against the applicant.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. There is no legal evidence to connect the present applicant with the aforementioned offence. The present applicant is made accused only on the basis of memorandum of co-accused aslam Shaikh recorded under Section 27 of the Evidence act from whose possession the alleged liquor has been seized. The applicant is in custody since 04/01/2022. Charge-sheet has been filed. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.
Learned Panel Lawyer has opposed the application and prayed for its rejection, but he fairly submitted that the applicant has been implicated only on the basis of memorandum of co-accused aslam Shaikh recorded under Section 27 of the Evidence act.
Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.
It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
Certified Copy as per rules.
Grant of bail based on lack of legal evidence connecting the accused to the offence and the prolonged trial process.
The central legal point established in the judgment is the requirement of legal evidence to connect an accused with an alleged offence under the M.P. Excise Act, influencing the court's decision to g....
The main legal point established in the judgment is the court's discretion to grant bail during trial under Section 439 of the Criminal Procedure Code, 1973, based on the facts and circumstances of t....
The court has the discretion to grant bail during trial based on the facts and circumstances of the case, without commenting on the merits of the case.
The court applied the provisions of Section 439 of the Criminal Procedure Code, 1973, and considered the circumstances and arguments presented by the parties in allowing the application for bail unde....
The main legal point established in the judgment is that the grant of bail under Section 439 of the Criminal Procedure Code, 1973, can be influenced by factors such as lack of criminal antecedents, a....
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.
The court has the discretion to grant bail based on the facts and circumstances of the case, and the applicant's compliance with specific conditions.
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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