MP HC | Prolonged pre-trial detention is an anathema to the concept of liberty; bail application approved

Madhya Pradesh High Court: S.A. Dharmadhikari, J. allowed the bail application on the ground that trial was not going to be over in the near future.

A first bail application under Section 439 of the Code of Criminal Procedure, 1973 was filed by the applicant. The applicant was arrested in connection with the offence punishable under Section 34(2) of the M.P. Excise Act. The allegation was that the 54 bulk liters of the country liquors were recovered from the possession of the applicant.

Arvind Sharma, counsel for the applicant submitted that the applicant was falsely implicated in this matter and was in custody since 06-05-2019. It was further submitted that the trial was not going to be finished in the near future. The counsel also submitted that as the applicant was a permanent resident of the Gwalior thus there was no likelihood that he will abscond if released on bail. Thus, prayed for the grant of the bail.

Sanjeev Mishra, Public Prosecutor opposed the application and prayed for the rejection of the grant of the bail.

The Court opined that prolonged pre-trial detention is an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant. Thus the bail was granted with the direction to furnish a personal bond.[Shyam Sharma v. State of M.P., 2019 SCC OnLine MP 1606, decided on 15-07-2019]

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