Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1459

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Ravindra – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.4625 of 2022
Decided On : 28-01-2022

Advocates Appeared:
Anand Soni, Advocate, Mukesh Sharma, Advocate
Final Result : Allowed

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 grant bail.

Headnote:
M.P. Excise Act - Bail Application - The court allowed the bail application under section 439 of Cr.P.C. and directed the release of the accused on bail, considering the lack of legal evidence connecting the accused with the alleged offence under the M.P. Excise Act. The court also emphasized compliance with bail conditions and COVID-19 guidelines.
Fact of the Case:

The applicant, in custody since 12/01/2022, sought bail in connection with the seizure of illicit liquor from the vehicle he was driving. The applicant claimed innocence and argued that he was falsely implicated, with no legal evidence connecting him to the offence.
Finding of the Court:

The court, without commenting on the merits of the case, allowed the bail application, considering the facts and circumstances, and directed the release of the accused on bail with specified conditions and compliance with COVID-19 guidelines.
Issues: Bail application under section 439 of Cr.P.C. for the offence punishable under section 34(2) of M.P. Excise Act, 1915. Lack of legal evidence connecting the accused with the alleged offence.
Ratio Decidendi: The court's decision was influenced by the lack of legal evidence connecting the accused with the alleged offence under the M.P. Excise Act, and the need for compliance with bail conditions and COVID-19 guidelines.
Final Decision: The court allowed the bail application and directed the release of the accused on bail with specified conditions and compliance with COVID-19 guidelines.

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 12/01/2022 in connection with Crime No.166/2021, registered at Police Station - Shujalpur Mandi, District - Shajapur(M.P.), for the offence punishable under section 34(2) of M.P. Excise act, 1915.

According to the prosecution case, 10,800 bulk liters of illicit liquor was seized from the possession of the applicant. accordingly case has been registered against him.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He is the driver of the vehicle(Truck) bearing MP09-GG-6634, which was carrying the said liquor from Badwah-Khargone warehouse to Shujalpur Excise Warehouse. It is further submitted that the only mistake which the applicant has committed is that he couldn't manage to reach the destination on the time prescribed i.e., 10:05 PM, instead it reached at 11:15 PM so at the most it could be said that the applicant has violated the conditions of license/permit. The applicant is nothing to do with the alleged liquor, he is only the driver of the said vehicle. There is no legal evidence to connect the present applicant with the aforementioned offence. He further submits that except this no case under the provisions of M.P. Excise act is registered against the present applicant. The applicant is in custody since 12/01/2022. 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 no case under the provisions of M.P. Excise act is registered against the present applicant.

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.

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