Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1419

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Vijay Kumar Shukla, J.
Rahul & Ors. – Appellants
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.1922, 2431 of 2022
Decided On : 14-01-2022

Advocates Appeared:
Vinod Thakur, Advocate, Yogesh Kumar Gupta, Advocate, Neeraj Gaur, Advocate
Final Result : Allowed

The absence of criminal records, filing of the charge sheet, and prima facie case for bail influenced the court's decision to grant bail to the applicants.

Headnote:
Bail - Excise Act - The court granted bail to the applicants based on the absence of criminal records, the filing of the charge sheet, and the prima facie case for bail. The applicants were directed to furnish a personal bond and surety, and the prison authorities were instructed to comply with COVID-19 protocols.
Fact of the Case:

The applicants filed for bail in connection with a case involving the seizure of 180 litres of liquor from a car, in which the applicants were allegedly traveling and fled from when the police arrived.
Finding of the Court:

The court found that a prima facie case for bail was made out based on the absence of criminal records and the filing of the charge sheet, without expressing any view on the merits of the case. The applications for bail were allowed, and the applicants were directed to furnish a personal bond and surety.
Issues: The main issue was whether the applicants were eligible for bail in connection with the alleged transportation of liquor, considering their lack of criminal records and the filing of the charge sheet.
Ratio Decidendi: The court's decision was influenced by the absence of criminal records of the applicants, the filing of the charge sheet, and the prima facie case for bail, leading to the grant of bail with specific conditions and compliance with COVID-19 protocols.
Final Decision: The applicants were granted bail upon furnishing a personal bond and surety, with instructions for compliance with COVID-19 protocols. It was also made clear that involvement in any other case during the trial would automatically cancel the bail order.

JUDGMENT

Vijay Kumar Shukla, J. - These are first applications under Section 439 of the Cr.P.C. filed on behalf of the applicants in connection with Crime No.52/2021 registered at Police Station Excise Department, Ratlam (M.P.) under Sections 34(2) of the Excise act.

It is alleged that the 180 litres of liquor has been seized from the car. It is further alleged that the present applicants were also traveling in the said car and fled from the car, when the police reached on the spot.

Learned counsels for the applicants submit that the applicants were not aware that the liquor was being transported in the said vehicle. It is further submitted that the charge sheet has been filed and there are no criminal record of the applicants.

Learned counsel for the respondent/state opposed the prayer.

However, he submits that there are no criminal record of the applicants.

Considering the aforesaid and the fact that the charge sheet has been filed and the applicants have no criminal record , I find prima facie case is made out for grant of bail. Therefore, without expressing any view on the merits of the case, the applications are allowed.

It is directed that applicants- Rahul S/o Hemant Sharma and Jitendra S/o Motilal Gehlot shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety each of the like amount to the satisfaction of the Ld. Court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTaGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.

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