Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 555

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Anil Verma, J.
Suresh – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 2003 of 2023
Decided On : 13-01-2023

Advocates Appeared:
Deepak Bourasi, Advocate, Kapil Mahant, Advocate
Final Result : Allowed

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.

Headnote:
Bail Application - Possession of Poisonous Liquor - The court allowed the bail application of the applicant who was found in possession of poisonous liquor, considering the lack of legal evidence connecting the applicant to the offence, the lengthy trial process, and the nature of the offence.
Fact of the Case:

The applicant filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, after being in jail since 20.10.2022 for possession of poisonous liquor.
Finding of the Court:

The court allowed the bail application, considering the lack of legal evidence connecting the applicant to the offence, the lengthy trial process, and the nature of the offence.
Issues: The main issue was whether the applicant should be granted bail despite being found in possession of poisonous liquor.
Ratio Decidendi: The court considered the lack of legal evidence connecting the applicant to the offence, the lengthy trial process, and the nature of the offence in granting bail.
Final Decision: The application was allowed, and the applicant was directed to be released on bail upon furnishing a personal bond and a solvent surety.

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 antecedents, he is a habitual offender, therefore, he does not deserve for bail.

5. Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that the applicant is in jail since 20.10.2022, offence is exclusively triable by JMFC and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail.

6. Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.70,000/- (Rs. Seventy Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

C.C. as per rules.

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