Back
ANIL VERMA
Suresh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anil Verma, J. - Applicant has filed this second bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since 20.10.2022 in connection with Crime No. 515/2022 registered at P.S. - Gandhi Nagar District Indore (M.P.) for commission of offence punishable under Section 34(2) of the M. P. Excise Act.
2. As per prosecution story, the applicant was found to be in possession of 5 bulk litres poisonous liquor unfit for human consumption during the search by police. Accordingly, a case has been registered.
3. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. He further submits that there is no legal evidence available on record to connect the applicant with the aforementioned offence and no further custodial interrogation is required. Applicant is in jail since 20.10.2022. He is a permanent resident of District Indore. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.
4. Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection by submitting that applicant has 18 criminal anteced
Granting bail based on the lack of legal evidence connecting the applicant to the offence, the lengthy trial process, and the nature of the offence.
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's decision to grant bail was influenced by the amount of seized liquor and the period of custody undergone by the applicant, without commenting on the merits of the case.
The court's decision to grant bail was influenced by the amount of liquor seized and the period of custody already undergone by the applicant, without commenting on the merits of the case.
Granting bail based on lack of evidence and completion of investigation.
The court has the discretion to grant bail during trial based on the facts and circumstances of the case, without commenting on the merits of the case.
Grant of bail based on the amount of seized liquor and period of custody, without commenting on the merits of the case.
The court applied the provisions of Section 439 of the Criminal Procedure Code, 1973, and considered the circumstances and arguments presented by the parties in allowing the application for bail unde....
The main legal point established in the judgment is the court's discretion to grant bail during trial under Section 439 of the Criminal Procedure Code, 1973, based on the facts and circumstances of t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
