Mahesh vs State of Madhya Pradesh - 2023 Supreme(MP) 567

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 567

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Pranay Verma, J.
Mahesh – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61840 of 2022
Decided On : 02-01-2023

Advocates Appeared:
Manish Yadav, Advocate, Vaibhav Bhagwat, Advocate
Final Result : Allowed

Headnote:
Bail - M.P. Excise Act - The court granted bail to the applicant who was implicated in connection with an offense under the M.P. Excise Act, considering the amount of liquor seized and the period of custody already undergone by the applicant.
Fact of the Case:

The applicant was in custody for the offense of possessing unauthorized country-made liquor. The applicant sought bail, stating that the prosecution's evidence appeared insufficient and the trial was likely to take a long time.
Finding of the Court:

The court granted bail to the applicant, considering the amount of liquor seized and the period of custody already undergone by the applicant.
Issues: The main issue was whether the applicant should be granted bail despite the opposition from the State, citing the applicant's criminal antecedents under the Excise Act.
Ratio Decidendi: The court considered the amount of liquor seized and the period of custody already undergone by the applicant as a fit case for grant of bail, without commenting on the merits of the case.
Final Decision: The court allowed the application and directed the release of the applicant on bail upon furnishing a personal bond and surety, with conditions for regular appearance before the trial court and compliance with Section 437(3) of the Criminal Procedure Code.

JUDGMENT

Pranay Verma, J. - This is first application under Section 439 of Cr.P.C for grant of bail. The applicant is implicated in connection with Crime No.384/2022, registered at Police Station Maxi, District Shajapur, for the offence punishable under Sections 34(2) of M.P. Excise Act.

2. The applicant is in custody since 14.12.2022.

3. The allegation against the applicant is that from the possession of applicant 63 bulk litre unauthorized country made liquor has been seized.

4. Counsel for the applicant submits that he has not committed any offence alleged by the prosecution. He is in jail since 14.12.2022. Investigation is complete and challan has been filed. Final conclusion of trial is likely to take sufficient long time and material produced by the prosecution appears to be insufficient against him. Therefore, the applicant be released on bail.

5. Counsel for the respondent/State, on the other hand, has opposed the prayer and prays for rejection of the application as three criminal antecedents are registered against the applicant under the Excise Act.

6. After considering the rival submissions made by the learned counsel for the parties and going through the case diary, in the opinion of this Court looking to the amount of liquor seized from the possession of the applicant and the period of custody already undergone by him, it is a fit case for grant of bail.

7. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

8. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.

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