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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Vijay Kumar Shukla, J.
Ravi – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.1199 of 2022
Decided On : 11-01-2022
Bail - Illicit Liquor Possession - The court granted bail to the applicant, considering the completion of investigation, filing of chargesheet, and the lack of criminal antecedents, without expressing any view on the merits of the case.
Fact of the Case:
The applicant filed a bail application under Section 439 of the Cr.P.C. in connection with a case of illicit liquor possession. The car in which the applicant and co-accused were traveling was found carrying 117 liters of illicit liquor. The applicant has been in jail since 23.11.2021.
Finding of the Court:
The court granted bail to the applicant, taking into consideration the completion of investigation, filing of chargesheet, and the lack of criminal antecedents, without expressing any view on the merits of the case.
Issues: Bail application under Section 439 of the Cr.P.C. in connection with illicit liquor possession.
Ratio Decidendi: The completion of investigation, filing of chargesheet, and the lack of criminal antecedents were key factors in granting bail to the applicant.
Final Decision: The court allowed the bail application and directed the release of the applicant upon furnishing a personal bond of Rs.50,000/- with one surety of the like amount, and imposed conditions related to COVID-19 precautions and the automatic cancellation of bail if the applicant is found involved in any other case during the trial.
JUDGMENT
Vijay Kumar Shukla, J. - This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.708/2021 registered at Police Station Kanadia, Indore (M.P.) under Section 34(2) of the M.P. Excise act.
It is alleged that applicant and co-accused were travelling in a car which was carrying 117 liters of illicit liquor. From the possession of applicant, car has been seized and from the co-accused, 9 liters illicit liquor has been seized.
Counsel for the applicant submits that applicant is in jail since 23.11.2021. He has no criminal antecedents. Investigation is complete and chargesheet has been filed. In these circumstances, the applicant be released on bail.
Learned counsel for State opposes the bail application.
Taking into consideration the aforesaid submission and the fact that investigation has already been completed and chargesheet has been filed and applicant has no criminal antecedents, I am of the view that applicant is entitled for bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
It is directed that applicant- Ravi shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the trial court.
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/her release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him/her 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 /her ransportation 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 Court below.
The completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
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.
The completion of investigation, filing of chargesheet, lack of criminal antecedents, and absence of FSL report on the spurious liquor were crucial in granting bail to the applicant.
The decision emphasized the importance of evidence and the absence of a criminal record in granting bail under the M.P. Excise Act.
The absence of the applicant's name in the complainant's statement recorded under Section 164 of Cr.P.C. and in the FIR, and the length of time the applicant had been in custody, were key factors in ....
The quantity of contraband, filing of charge-sheet, and criminal record of the applicant are key factors in determining the grant of bail under the NDPS Act.
The lack of seizure from the applicant and the completion of the investigation can be considered as grounds for granting bail in certain cases.
The completion of investigation, grant of bail to a co-accused under similar circumstances, and the allegations in the dying declaration are influential factors in the court's decision to grant bail.
The court's decision to grant bail was influenced by the absence of seizure from the applicant's possession and the open place of seizure, without commenting on the merits of the case.
Search and Seizer of illicit wine/liquor - Grant of bail - Having no criminal history.
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