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SUBODH ABHYANKAR
Rakesh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh Abhyankar, J. - They are heard.
2. Perused the case diary / challan papers.
3. This is FIRST application under Section 438 of Criminal Procedure Code, 1973 (herein after referred to as the Code) filed on behalf of the applicant for grant of anticipatory bail, as the present applicant is apprehending his / her arrest in connection with Crime No.18/2022 registered at Police Station Narsinghgarh, District Rajgarh (MP) for offence punishable under Section 34 (2) of the Madhya Pradesh Excise Act, 1915.
4. The allegation against the applicant is that he was found in possession of 60 bulk liters of unauthorized liquor.
5. Learned counsel for the applicant has submitted that he was initially arrested along with 60 bulk liters of unauthorized liquor, however, he was released after giving a notice under Section 41-A of the Code.
6. Counsel has also submitted that the date of incident is 09.01.2022 and the applicant has not misused the liberty extended to him, however, at the time of filing of the charge sheet (as the same was not filed within the limitation of six months), the applicant is apprehending that he might be arrested and would be sent behind the bar; and thus, it is sub
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.
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 filing of the charge sheet and the precedent of granting bail to co-accused persons under similar circumstances in allowing the bail application.
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 court's decision to grant anticipatory bail was influenced by the lack of criminal antecedents, the nature of the allegation, and the facts and circumstances of the case.
Anticipatory bail is not maintainable for offences under the State Excise Act involving the recovery of illicit liquor exceeding fifty bulk litres, as the relevant statutory provision creates an expl....
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.
Grant of anticipatory bail based on the consideration of false allegations and the existence of a dispute between the parties.
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 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....
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