HIGH COURT OF MADHYA PRADESH
VISHAL DHAGAT
Shakti Choudhary – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 10146/2024
Fact of the Case:
The applicant filed a sixth bail application under Section 439 of the CrPC for regular bail in relation to a case registered under Sections 34(2) and 42 of the Excise Act.
Finding of the Court:
The court dismissed the bail application, considering the applicant's repeated involvement in offenses under the Excise Act and his criminal antecedents.
Issues: Whether the applicant should be granted bail under Section 436-A of the CrPC, which limits the period of detention to half of the maximum term of imprisonment.
Ratio Decidendi: The court held that the applicant's repeated offenses under the Excise Act, even after being released on bail, justified denying him the benefit of Section 436-A of the CrPC.
Final Decision: The court dismissed the bail application and directed the trial court to expedite the trial and complete it within three months.
ORDER
This is sixth bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to Crime No.256/2022 registered at Police Station-Gwarighat District-Jabalpur (MP) for the offence under Sections 34(2), 42 of Excise Act.
2. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 04.07.2022. Counsel for applicant submitted that applicant cannot be kept in jail beyond a period of one-half of maximum term of imprisonment as per Section 436-A of Cr.P.C. In these circumstances, applicant may be released on bail.
3. Learned Government Advocate appearing for the State opposed the bail application. It is submitted that applicant is having criminal antecedents and as many as 24 cases are registered against him.
4. Heard learned counsel for the parties. 5. Applicant is repeatedly being involved in offence under the Excise Act. Applicant has committed as many as 24 offences after being released on bail.
Court may keep a person beyond aforesaid period assigning reasons. 24 offences committed by applicant one after another is enough for declining him the benefit under Section 436-A of Cr.P.C.
6. Considering the aforesaid facts and circumstances of the case, bail application filed by the applicant is dismissed .
7. Trial Court is directed to expedite the trial and preferably complete it within a period of three months.
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