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2020 DIGILAW 1014 (MP)

Nyajul Haq v. State Of Madhya Pradesh

2020-10-06

MOHD FAHIM ANWAR

body2020
JUDGMENT Mohd Fahim Anwar, J. - Case diary is available with the learned Panel Lawyer. 2. Heard. 3. This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime No.309/2020, registered at Police Station Mangawan, District Rewa for the offence punishable under Sections 34 (2) and 36 of M.P. Excise Act, 1915. 4. The case of the prosecution is that, on 04.06.2020, 72 bulk liters of country made liquor has been seized from the possession of the applicant and other co-accused persons. FIR was lodged, on that basis crime under the aforementioned offence has been registered against the applicant and other co-accused persons. 5. It is submitted by the learned counsel for the applicant that the applicant is an innocent person. He has not committed any offence and has falsely been implicated in the case. He is in judicial custody since 07.09.2020. The trial will take time to conclude. There is no likelihood of his absconding or tampering with the prosecution witnesses. Therefore, it is prayed that the applicant be released on bail. 6. Learned counsel for the respondent/State opposing the submissions made on behalf of the applicant, prayed for rejection of the bail application. 7. Keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by the learned counsel for the applicant and also looking to the exigency of Covid-19 disease, in my opinion, it is a fit case for grant of bail, hence, without commenting on merits, this application is allowed. 8. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) along with one solvent surety of the like amount to the satisfaction of the trial Court to appear before the Court on the dates given by the concerned Court. It is further directed that applicant shall comply with the provisions of Section 437(3) of Cr.P.C. 9. In view of the outbreak of 'Corona Virus disease the applicant shall also comply with the rules and norms of social distancing. 10. Further, in view of the order passed by the Hon'ble Supreme Court suo-moto in W.P. No.1/2020, it would be appropriate to issue the following directions to the jail authority :- 1. In view of the outbreak of 'Corona Virus disease the applicant shall also comply with the rules and norms of social distancing. 10. Further, in view of the order passed by the Hon'ble Supreme Court suo-moto in W.P. No.1/2020, it would be appropriate to issue the following directions to the jail authority :- 1. The Jail Authority shall ensure the medical examination of the applicant by the jail Doctor before his release. 2. The applicant shall not be released, if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out. 3. If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility. 11. This application stands allowed and disposed of. 12. Certified copy as per rules.