The Madhya Pradesh High Court has granted bail to a person accused in case under the M.P. Excise Act as the conclusion of trial will take time in wake of COVID-19 lockdown.
An application for bail filed under Section 439 criminal procedure code for grant of bail during trial which provides special powers to High Court or Court of Session to grant bail. It states that a high court or sessions court can release any person accused of an offence on bail and also impose conditions based on which the order will be granted.
The applicant has been charged with an offence under Section 34 (2) of M.P. Excise Act, and was arrested on 29th February, 2020. It has been alleged that on the day of his arrest, the information of informant, police on receiving information from an informant stopped a motorcycle being driven by the applicant and seized 63.54 bulk liters of country made liquor. The applicant was accused of illegally carrying the liquor on bike in two sacks.
Applicant’s Counsel prayed for grant of bail as the applicant is innocent, has no criminal past, and has falsely been implicated in the offence. The applicant has been in custody since March 2020, and since the conclusion of trial will take, he should be released on bail.
Justice Rajeev Kumar Dubey without commenting on merits of the case observed that the applicant has no criminal past, he has been in custody for around two months and since the conclusion of trial will take time, the applicant can be released on bail.
The Court ordered the release of applicant on bail on furnishing of a personal bond of the amount of Rs.50, 000. The applicant has been directed to comply with all the terms and conditions of the bond executed by him, cooperate in the trial, not indulge himself in extending inducement, threat or promise to any person, and not seek unnecessary adjournments during the trial.
-India Legal Bureau