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2020 DIGILAW 1083 (MP)

Harish Yadav v. State Of Madhya Pradesh

2020-10-12

MOHD FAHIM ANWAR

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JUDGMENT Mohd. Fahim Anwar, J. - This is first bail application under Section 439 of Cr.P.C., in connection with Crime No.399/2020, registered at Police Station Lavkush Nagar, District Chhatarpur, for commission of offence punishable under Section 34(2) of M.P.Excise Act. 2. The case of the prosecution is that about 54 liters of country made liquor was recovered from the possession of applicants. 3. Learned counsel for applicants submitted that the applicants are innocent persons and have falsely been implicated in the present offence. The applicants are ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. He further submits that the applicants are in jail since 4.9.2020 and the trial will take time for its final disposal. On these grounds, learned counsel for the applicants prays for grant of bail to the applicants. 4. Learned counsel for the respondent/State opposed the bail application. 5. Considering the facts and circumstances of the case and the exigency o f Covid-19 disease, I am of the considered view that it is a fit case to release the applicants on bail. 6. Consequently, the application is allowed. It is directed that applicants shall be released on bail on their furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) each with one surety each of the like amount to the satisfaction of the committal/trial Court to appear before the Court on the dates given by the concerned Court. It is directed that applicants shall comply with the provisions of Section 437(3) Cr.P.C. 7. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicants shall also comply with the rules and norms of social distancing. 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 direction to the jail authority :- 1. The Jail Authority shall ensure the medical examination of the applicants by the jail Doctor before their release. 2. The applicants shall not be released if they are suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out. 3. If it is found that the applicants are suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing them in appropriate quarantine facility. 8. This M.Cr.C. stands allowed and disposed of. C.C., as per rules.