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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Ajabsingh Rawat – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 507 of 2023
Decided On : 06-01-2023
Bail Application - M.P. Excise Act, 1915 - The court allowed the bail application, requiring the applicant to furnish a cash surety and a personal bail bond with a local solvent surety, and imposing conditions for the applicant's release.
Fact of the Case:
The applicant was arrested for the offence punishable under Sections 34, 49-A of M.P. Excise Act, 1915 after 5 liters of liquor were seized from his possession. The chemical report indicated the liquor was unfit for human consumption.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the bail application, requiring the applicant to furnish a cash surety and a personal bail bond with a local solvent surety, and imposing conditions for the applicant's release.
Issues: Bail application under Section 439 Cr.P.C, false implication, opposition by the State, and conditions for bail.
Ratio Decidendi: The court considered the facts and circumstances of the case and decided to grant bail, imposing specific conditions to ensure the applicant's presence during trial.
Final Decision: The bail application was allowed, and the applicant was ordered to furnish a cash surety and a personal bail bond with a local solvent surety, with conditions for his release.
JUDGMENT
Deepak Kumar Agarwal, J. - This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
2. Applicant has been arrested on 23.12.2022 by Police Station, Dabra District Gwalior (MP), in connection with Crime No.250/2021 for the offence punishable under Sections 34, 49-A of M.P. Excise Act, 1915.
3. On 07.09.2022, Police Station Dabra seized 5 liters of liquor from the possession of present applicant/accused in suspicious condition. He was given notice under Section 41-A of Cr.P.C. Chemical report received from the chemical analyst is reported to be unfit for human consumption. Therefore, he was arrested on 23.12.2022.
4. I t is submitted by learned counsel for the applicant that applicant has been falsely implicated in the case. He is in custody since 23.12.2022. After investigation, charge-sheet has been filed. On such premises, learned counsel for the applicant prayed for bail.
5. Learned counsel for the State vehemently opposed the application and has prayed for its rejection.
6. Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a cash surety of Rs.20,000/- (Rupees Twenty Thousand Only) alongwith a personal bail bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one local solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail with condition that if he remains absent during trial, the said security will stand forfeited automatically without notice to the applicant.
7. He will present during trial before the trial Court on each and every date and will cooperate with the trial. In case of default, the cash security of Rs.20,000/- shall stand forfeited automatically
8. Application stands allowed and disposed of.
Certified copy as per rules.
Granting bail under Section 439 Cr.P.C and imposing conditions for release.
Grant of bail under Section 439 Cr.P.C in connection with the offence under the M.P. Excise Act based on the facts and circumstances of the case.
The court emphasized the importance of the applicant's cooperation in the trial when granting bail.
The court may grant bail considering the length of custody and the likelihood of a prolonged trial, without commenting on the merits of the case.
Granting bail under Section 439 of the Cr.P.C and imposing specific conditions to ensure compliance and cooperation during the trial.
The court has the discretion to grant bail based on the nature and gravity of the alleged offence, the arguments presented, and the willingness of the applicant to abide by specified conditions.
The court may grant bail based on the duration of custody and expected trial duration, and may impose specific conditions to ensure the applicant's compliance and cooperation during the trial.
Granting bail under Section 439 Cr.P.C based on the facts and circumstances of the case and the willingness of the applicant to cooperate in trial.
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....
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