Court criticizes lackluster investigation in Excise Act case, grants bail due to prolonged custody and anticipates trial delays.
The Madhya Pradesh High Court, Indore bench, in a significant order dated May 29, 2026, granted bail to Kamru, an accused in an excise-related case, citing prolonged custody, absence of prior criminal record, and potential delays in trial conclusion. The bench, presided by Justice Jai Kumar Pillai, also ordered a departmental inquiry into the conduct of the investigating officer for a vague and casual investigation.
The bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which corresponds to Section 439 of the Criminal Procedure Code, 1973. The case, registered as Crime No. 477/2025 at Kotwali Alirajpur Police Station, involved charges under Sections 34(2) and 46 of the M.P. Excise Act, 1915. Kamru had been in custody since April 15, 2026, following his arrest based on allegations of involvement in illegal liquor transport.
The prosecution's case was built on the claim that a truck carrying illicit liquor was intercepted, and Kamru was implicated based on the vehicle owner's statement. However, the defense counsel, Shri. Madhur Gupta, argued that Kamru was innocent and falsely implicated, highlighting the investigative flaws, including the non-examination of key witnesses and reliance on an unverified sale agreement.
The court, after assessing the submissions and case diary, expressed concerns over the investigation's quality, directing an inquiry by the Superintendent of Police. The inquiry aims to prevent recurrence of such investigative shortcomings and demands a report within two months.
Justice Pillai, while granting bail, emphasized the applicant's lack of criminal antecedents and the potential for a prolonged trial. Kamru is required to furnish a personal bond of Rs. 25,000 with a solvent surety for his release. The court cautioned that any violation of bail conditions could lead to its cancellation.
This decision underscores the judiciary's vigilance against procedural lapses in investigations and reinforces the principle of granting bail when undue delays in trial jeopardize an accused's liberty.
Bottom line:-
Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/Section 439 of CrPC, 1973 allowed on the grounds of prolonged custody, absence of criminal antecedents, and likely delay in trial. Inquiry ordered against the investigating officer for casual investigation.
Statutory provision(s): Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, Section 439 of CrPC, 1973, Sections 34(2) and 46 of M.P. Excise Act, 1915, Section 437(3) of CrPC, 1973.
Kamru v. State of Madhya Pradesh, (Madhya Pradesh)(Indore) : Law Finder Doc id # 2914179
