In CRIMINAL APPEAL NO.901 OF 2022–SC-Top Court grants bail to accused booked under M.P. Excise Act, imposes condition that unnecessary adjournment should not be sought Justices M.R.Shah & Aniruddha Bose [10-06-2022]

Read Order: ITFAQ SINGH v. STATE OF MADHYA PRADESH 

LE Correspondent

New Delhi, June 10, 2022: The Supreme Court has ordered release of the appellant-accused on bail, in connection with the criminal case for the offence under Section 34 (2) of the M.P. Excise Act, 1915 and opined that the punishment which may be imposed even if the appellant is held guilty would be of maximum three years

The Division Bench of Justice M.R.Shah and Justice Aniruddha Bose was considering an appeal against the impugned order passed by the High Court of Madhya Pradesh at Gwalior refusing to release the appellant on bail.

The Bench considered the fact that the appellant had been  in Jail/custody since November 26, 2021 and the trial had already begun. The Court also kept the aspect in view that four witnesses had  already been examined.

Thus, the Top Court ordered the appellant to be released on bail on the conditions that may be imposed by theTrial Court. In addition to these conditions, the Bench imposed the condition that the appellant shall cooperate in the early disposal of the trial and shall not ask any unnecessary adjournment and try to delay the trial. A further condition was also imposed that the appellant shall not indulge into any similar activities in future.

Allowing the appeal, the Bench also asked the appellant to remain present before the Court during the trial on each and every date of hearing as assured by counsel appearing for the appellant.