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SUBODH ABHYANKAR
Antim S/o Chunnilal Jaiswal – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh abhyankar, J. - This is the applicant's second application under Section 439 of Criminal Procedure Code,1973, as he is implicated in connection with Crime No.388/2021 registered at Police Station-Bistan, District-Khargone (MP) for offence punishable under Section 34(2) of the M.P. Excise act. applicant is in jail since 28.10.2021.
applicant's first bail application M.Cr.C.No.60364/2021 was dismissed by this Court as withdrawn with liberty to renew his prayer after filing of the charge sheet.
allegation against the applicant is that he was found in possession of 513 bulk liters unauthorized country made as well as foreign liquor.
Counsel for the applicant has submitted that the charge sheet has been filed, the applicant is in jail since 28.10.2021 and the final conclusion of the trial is likely to take long time. It is further submitted that there are no other case registered against the applicant. It is also submitted that under identical circumstances, co-accused persons viz; anil and anandilal have already been granted bail by this Court in M.Cr.C.Nos.56219/2021and 61207/2021 dated 18.11.2021 and 17.12.2021 respectively. In such circumstances, counsel has submitted th
The court considered the filing of the charge sheet and the precedent of granting bail to co-accused persons under similar circumstances in allowing the bail application.
The court's decision to grant bail was based on the considerations of the duration of custody, absence of criminal antecedents, and the likelihood of a lengthy trial, as provided under Section 439 of....
The central legal point established in the judgment is that the length of custody, the quantity of seized unauthorized liquor, and the absence of any case registered under the relevant provision infl....
The main legal point established is that the court may grant bail under Section 439 of the Criminal Procedure Code, 1973, based on the period of incarceration and the quantity seized from the applica....
The court considered the absence of seized items, lack of criminal past record, and potential trial delay as grounds for granting bail under Section 439 of the Criminal Procedure Code, 1973.
The Court considered the number of cases and the expected trial duration in granting bail under Section 439 of Cr.P.C. for possession of unauthorized liquor.
The completion of three months in custody and the applicant's acquittal in most of the cases were considered as grounds for allowing the bail application.
The main legal point established in the judgment is the consideration of false implication and lack of evidence in granting bail.
The main legal point established in the judgment is the grant of anticipatory bail in connection with possession of unauthorized liquor under Section 34 (2) of the Madhya Pradesh Excise Act, 1915.
Grant of bail based on the amount of seized liquor and period of custody, without commenting on the merits of the case.
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