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VISHAL DHAGAT
PAWAN MANKAR – Appellant
Versus
STATE OF Madhya Pradesh – Respondent
ORDER :
(Vishal Dhagat, J.) :
This is first application filed by the applicant under section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No. 402/2023 registered at Police Station Kolar Road District-Bhopal (M. P.) for the offence under section 34(2) of the M. P. Excise Act.
2. As per prosecution story, police received an information from informer and thereafter, during checking, one Activa two wheeler was stopped and one occupant of Activa escaped and other person was caught. He told his name to be Pawan Mankar. Total 63 bulk liters of liquor was seized from applicant. Considering the aforesaid fact, trial Court has rejected the application taking into section 59-A(ii) of the M. P. Excise Act, 1915.
3. Learned counsel appearing for the applicant submitted that applicant has not previously been convicted under section 34(1) of M. P. Excise Act, 1915 and further section 59-A(ii) does not create any bar grant of bail to accused persons. It is submitted that trial Courts refused bail to accused person in view of section 59-A(ii) of the M. P. Excise Act, 1915.
4. Learned Government Advocate appearing for the State opposed the application for grant of bail.
Bail under section 59-A(ii) of the M. P. Excise Act can be granted if the Public Prosecutor is heard and the court finds reasonable grounds for believing the accused is not guilty.
The court allows bail under Section 34(1)(a) considering trial delays and other mitigating factors despite the stringent provisions of the Excise Act.
The central legal point established in the judgment is the requirement of legal evidence to connect an accused with an alleged offence under the M.P. Excise Act, influencing the court's decision to g....
The court's decision to grant bail was influenced by the circumstances of the case, including the quantity of seized liquor, pending report on the nature of the liquor, and the period of custody suff....
Grant of bail based on the amount of seized liquor and period of custody, without commenting on the merits of the case.
The court's decision to grant bail was influenced by the absence of seizure from the applicant's possession and the open place of seizure, without commenting on the merits of the case.
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.
Bail granted under specific conditions for first-time offenders despite the quantity of seized illicit liquor.
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