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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Subodh Abhyankar, J.
Antim S/o Chunnilal Jaiswal – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.90 of 2022
Decided On : 05-01-2022
Bail - M.P. Excise Act - The court allowed the bail application of the applicant, who was implicated in connection with an offense under Section 34(2) of the M.P. Excise Act, considering the filing of the charge sheet and the precedent of granting bail to co-accused persons under similar circumstances.
Fact of the Case:
The applicant was implicated in connection with an offense under Section 34(2) of the M.P. Excise Act and was in jail since 28.10.2021. The first bail application was dismissed with liberty to renew the prayer after filing of the charge sheet. The allegation against the applicant was possession of unauthorized liquor.
Finding of the Court:
The court, without adverting to the merits of the case, allowed the bail application, considering the filing of the charge sheet and the precedent of granting bail to co-accused persons under similar circumstances.
Issues: The main issue was whether the applicant should be granted bail despite being implicated in an offense under the M.P. Excise Act.
Ratio Decidendi: The court found force with the contentions raised by the counsel for the applicant, considering the filing of the charge sheet and the precedent of granting bail to co-accused persons under similar circumstances.
Final Decision: The court allowed the bail application and directed the release of the applicant on bail upon furnishing a personal bond and surety, with conditions for regular appearance before the trial court and compliance with Section 437(3) of the Criminal Procedure Code, 1973. The bail order would stand cancelled if the applicant is found to be involved in any criminal activities after release.
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applicant's first bail application M.Cr.C.No.60364/2021 was dismissed by this Court as withdrawn with liberty to renew his prayer after filing of the charge sheet.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 that the application be allowed and the applicant be released on bail.
Counsel for the State, on the other hand, has opposed the prayer and has submitted that the case diary is not available.
Having considered the rival submissions, on perusal of the charge sheet which is available with the counsel for the applicant and taking note of the order passed by this Court in M.Cr.C.Nos.56219/2021 and 61207/2021, this Court finds force with the contentions raised by the counsel for the applicant, the application deserves to be allowed.
accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.
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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