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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Vijay Kumar Shukla, J.
Toofan – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.64292 of 2021
Decided On : 06-01-2022
Bail - M.P. Excise Act - The court granted bail to the applicant, holding that there was no material to indicate that the seized liquor was poisonous and considering the absence of a criminal record for the applicant.
Fact of the Case:
The applicant filed a bail application under Section 439 of the Cr.P.C. in connection with a case registered under Section 49-a of the M.P. Excise Act. It was alleged that 20 litres of poisonous liquor had been seized from the applicant's possession.
Finding of the Court:
The court allowed the bail application, noting the absence of material to indicate that the seized liquor was poisonous and the lack of a criminal record for the applicant.
Issues: The main issue was whether the applicant was entitled to bail despite the allegation of possession of poisonous liquor.
Ratio Decidendi: The court's decision was influenced by the absence of evidence to support the claim that the seized liquor was poisonous and the lack of a criminal record for the applicant.
Final Decision: The court granted bail to the applicant upon furnishing a personal bond and surety, with the condition that the bail order would stand cancelled automatically if the applicant was found to be involved in any other case during the trial.
JUDGMENT
Vijay Kumar Shukla, J. - This is first bail application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.493/2021 registered at Police Station - Taal, District Ratlam (M.P.) under Section 49-a of the M. P. Excise act and he is in custody since 24.11.2021.
It is alleged that 20 litres of poisonous liquor has been seized from the possession of the applicant. Counsel for the applicant submits that there is no FSL report to show that the aforesaid liquor is poisonous.
Counsel for the State, on the other hand opposes the prayer for grant of bail and submits that on the basis of the experience of the investigating team, the aforesaid liquor has been held to be poisonous. However, he submits that charge-sheet has already been filed and there is no criminal record against the applicant.
Considering the aforesaid submissions so also the fact that there is no material to indicate that the seized liquor is poisonous as also there is no criminal record of the applicant, I am of the considered view that the applicant is entitled for grant of bail and therefore, without expressing any view on the merits of the case, the application is allowed.
It is directed that applicant - Toofan S/o Babulal Kanjar shall be released from custody upon furnishing a personal bond of Rs.50,000/-(Rupees Fifty thousand only) with one solvent surety 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.
The decision emphasized the importance of evidence and the absence of a criminal record in granting bail under the M.P. Excise Act.
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 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, and the lack of criminal antecedents are key considerations in granting bail.
The court's decision to grant bail was based on the lack of conclusive evidence regarding the nature of the seized liquid and the completion of the police investigation.
Granting bail based on lack of evidence and completion of investigation.
The absence of legal evidence and FSL report, coupled with the prolonged trial process, can be grounds for granting bail in cases involving possession of alleged poisonous substances.
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.
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....
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