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2020 DIGILAW 1091 (MP)

Ramkaran Kol v. State Of Madhya Pradesh

2020-10-12

SANJAY DWIVEDI

body2020
JUDGMENT Sanjay Dwivedi, J. - Heard. 2. This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with Crime No.570/2020 registered at Police Station-Chorhata, District-Rewa for the offence punishable under Sections 34(2) and 42 of the M.P. Excise Act. 3. As per the case of prosecution, the applicant was found in illegal possession of 57 bulk liters of liquor. 4. Learned counsel for the applicant submits that the applicant is in custody since 13.09.2020. He further submits that the offence is triable by the Court of Judicial Magistrate First Class and the trial will take long time to conclude and it is not sure as to when physical hearing of the cases will commence. Upon these submissions, he prays for grant of bail to the applicant. 5. On the other hand, learned Panel Lawyer appearing for the respondent/State opposes the bail application. 6. Considering the aforesaid and also the fact that due to outbreak of pandemic (COVID-19), physical trial is not being conducted, without commenting anything on merits, I am inclined to consider and allow this bail application. Accordingly, the same is hereby allowed. 7. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one solvent surety of the same amount to the satisfaction of the Court concerned for his appearance on the dates given by it. 8. It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure. 9. The jail authority is also directed to ensure that the applicant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that the applicant can be released, then he shall be released. 10. A copy of this order be forwarded to the concerned trial Court through e-mail.