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2024 Supreme(Online)(MP) 20929
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE PRAMOD KUMAR AGRAWAL
Ashok Burman – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 6677/2024
Kuldeep Patel,Advocate General
AN ACCUSED CAN BE GRANTED BAIL IF HE HAS BEEN IN CUSTODY FOR A CONSIDERABLE PERIOD OF TIME AND THE TRIAL IS LIKELY TO TAKE A LONG TIME.
Headnote:
BAIL - EXCISE ACT - SECTION 34(2) - POSSESSION OF LIQUOR - BAIL GRANTED - APPLICANT IN CUSTODY SINCE 31.01.2024 - CHARGE SHEET FILED - OFFENCE TRIABLE BY JMFC - NO COMMENT ON MERITS - BAIL ALLOWED ON FURNISHING PERSONAL BOND OF RS.50,000/- WITH ONE SOLVENT SURETY
Fact of the Case:
APPLICANT WAS ARRESTED ON 31.01.2024 FOR POSSESSION OF 330 PAV OF LIQUOR UNDER SECTION 34(2) OF THE EXCISE ACT. CHARGE SHEET HAS BEEN FILED AND THE OFFENCE IS TRIABLE BY JMFC.
Finding of the Court:
THE COURT, WITHOUT COMMENTING ON THE MERITS OF THE CASE, GRANTED BAIL TO THE APPLICANT CONSIDERING THAT HE HAS BEEN IN CUSTODY SINCE 31.01.2024 AND THE TRIAL WILL TAKE CONSIDERABLE TIME.
Issues: WHETHER THE APPLICANT SHOULD BE GRANTED BAIL.
Ratio Decidendi: THE COURT GRANTED BAIL TO THE APPLICANT CONSIDERING THE FACT THAT HE HAS BEEN IN CUSTODY FOR A CONSIDERABLE PERIOD OF TIME AND THE TRIAL WILL TAKE TIME TO CONCLUDE.
Final Decision: THE APPLICANT WAS GRANTED BAIL ON FURNISHING A PERSONAL BOND OF RS.50,000/- WITH ONE SOLVENT SURETY.
ORDER
This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.31/2024 registered at Police Station Bahoribad District Katni (M.P.) for the offence punishable under Section 34(2) of the Excise Act. The applicant is in detention since 31.01.2024. 2 . The allegation against the applicant, in short, on receiving an information from an informant, 165-165 (total 330 pav of liquor) in two white sacks has been seized from possession of the applicant. Therefore, FIR was registered against the applicant.
(PRAMOD KUMAR AGRAWAL) 3 . Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case. Charge sheet in the matter has been filed. Offence is triable by JMFC. The applicant is in judicial custody since 31.01.2024 and conclusion of the trial will take considerable time, therefore, it has been prayed that the applicant may be released on bail.
4 . On the other hand, learned counsel for State has opposed the grant of bail to the applicant on the ground that applicant is having criminal past.
5 . Taking into consideration the aforesaid facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, the bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
6 . It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in 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 concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C. 7 . This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
