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SUBODH ABHYANKAR
Suryapal Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh Abhyankar, J. - This is the applicant's FIRST application under Section 439 of Criminal Procedure Code, 1973, as he / she is arrested on 17.12.2022 in connection with Crime No.524/2022 registered at Police Station Tonkkhurd, District Dewas (MP) for offence punishable under Section 34 (2) of the Madhya Pradesh Excise Act, 1915.
2. Prosecution case, in brief, is that on 17.12.2022 the applicant along with other co-accused person Rahul Dabi S/o Prakash Dabi were found carrying 54 bulk litres of illicit country made liquor on a motorcycle bearing registration number MP-41 NK-5303 for the purposes of sale, without having any valid license or authority.
3. Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant. He has no criminal past record with regard to the offences punishable under the Excise Act. His custodial trial is not required. Conclusion of trial will take considerable time. Therefore, he be released on bail.
4. Learned counsel for the applicant has also placed on record a copy of bail order dated 29.12.2022 passed by this Court in Miscellaneous Criminal Case No.61785/2022 (Rahul Dabi S/o Prakash Dabi v. The Stat
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 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.
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 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'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....
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.
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