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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Subodh Abhyankar, J.
Amjad – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 4940 of 2023
Decided On : 31-01-2023
Section 439 - Bail Application - The court allowed the bail application under Section 439 of the Criminal Procedure Code, 1973, based on the period of incarceration and the quantity seized from the applicant.
Fact of the Case:
The applicant was arrested for possession of country made liquor and had been in custody for over a year. The applicant filed a bail application under Section 439 of the Criminal Procedure Code, 1973.
Finding of the Court:
The court found force with the contentions raised by the counsel for the applicant and allowed the bail application without commenting on the merits of the matter.
Issues: The issue was whether the applicant should be granted bail considering the period of incarceration and the quantity seized from the applicant.
Ratio Decidendi: The court considered the period of incarceration and the quantity seized from the applicant in granting bail under Section 439 of the Criminal Procedure Code, 1973.
Final Decision: The court allowed the bail application and directed the applicant to be released on bail upon furnishing a personal bond and surety, with conditions as enumerated under Section 4372(3) of Cr.P.C.
JUDGMENT
Subodh Abhyankarm, J. - They are heard. Perused the case diary / challan papers.
2. This is the applicant's FIRST application under Section 439 of Criminal Procedure Code, 1973, as he / she is arrested in connection with Crime No.51/2022 registered at Police Station-Sarangpur, District-Rajgarh(Baiora) (MP) for offence punishable under Section 34 (2) of the M.P. Excise Act. The applicant is in custody since 25.01.2022.
3. The allegation against the applicant is that he was found in possession of 74 bulk liters of country made liquor.
4. Counsel for the applicant has submitted that the applicant is lodged in jail since 25.1.2022 and as such he has completed more than one year of incarceration. Counsel has also admitted that there are 08 other cases registered against the applicant but none of them is under Excise Act. Thus, it is submitted that the applicant be released on bail.
5. Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that the other cases registered against the applicant are under IPC.
6. On due consideration of rival submissions and perusal of the case-diary and taking note of the period of incarceration and the quantity seized from the applicant, this Court finds force with the contentions raised by the counsel for the applicant to allow the present application.
7. Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his / her appearance, as and when directed. It is also directed that the applicant shall be abide by the conditions as enumerated under Section 4372(3) of Cr.P.C.
8. 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 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 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 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 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....
Grant of bail based on lack of criminal past, trial being triable by lower court, and expected time for trial conclusion.
Grant of bail based on the amount of seized liquor and period of custody, without commenting on the merits of the case.
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.
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