Bail may be granted to a habitual offender based on the principle of parity with co-accused and the length of incarceration, especially when trials are delayed and many witnesses remain unexamined.

This application coming on for orders this day, the court passed the following:

ORDER

They are heard. Perused the case diary / challan papers.

This is the applicant's repeat (fourth) application under Section 439 of Criminal Procedure Code, 1973, as he / she is arrested in connection with Crime No.518/2020 registered at Police Station Bilpank, District Ratlam (MP) for offence punishable under Sections 328, 420, 467 and 468 of the Indian Penal Code, 1860 and also under Sections 34 (2) and 49 (A) of the Madhya Pradesh Excise Act, 1915 (as per memo). His earlier bail applications have already been dismissed either on merits by this Court or withdrawn.

The applicant is in custody since 03.08.2021.

As per the prosecution case, the allegation against the applicant is that he / she was also involved in the aforesaid offence wherein co-accused Lalaji @ Jaswant was found in possession of 204 bulk liter unauthorized liquor / spurious liquor, unfit for human consumption and from the possession of the present applicant certain caps of liquor bottles have been recovered; and he has been arraigned in the present case only on the basis of memo of co-accused person recorded under Section 27 of the Evidence Act.

Counsel for the applicant has submitted that the applicant is lodged in jail since last more than one year, as he was arrested on 03.08.2021. It is submitted that all the accused persons have already been granted bail by this Court.

Counsel has also submitted that twenty two (22) witnesses have been examined until now out of around one hundred twenty four (124) witnesses cited by the prosecution.

Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that the applicant is a habitual offender and as many as 46 (forty six) cases have been registered against him and many of which are also under the provisions of the MP Excise Act.

Having considered the rival submissions and on perusal of the case diary and in view of the fact that although the applicant appears to be a repeated offender, however, considering the period of incarceration of the applicant and the fact that the other co-accused persons have already been granted bail by this Court after completion of around 11 – 12 months in jail and also the fact that scores of other witnesses are still to be examined (on the ground of parity), this Court finds it expedient to allow the present bail application.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed (maintaining parity with other co-accused persons). The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.5,00,000/- (rupees five lakhs) with one solvent surety of the like amount to the satisfaction of the trial Court for his / her regular appearance before the trial Court during trial with a condition that he / she 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.

It is also observed that after his release on bail, if the applicant is found in any criminal activities, the learned judge of the trial court shall, after giving an opportunity of hearing to the applicant, be at liberty to cancel this bail order without further reference to this Court.

Looking to the criminal antecedents of the applicant, he / she is directed to mark his / her presence (without fail) before the concerned Police Station (PS Bhaurasa, District Dewas) on every Sunday of the month between 12.00 Noon to 04:00 PM, failing which the bail order passed in the present application shall stand cancelled, without further reference to this Court.

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.