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2020 DIGILAW 1108 (MP)

Prahalad v. State Of M. P.

2020-10-13

SHAILENDRA SHUKLA

body2020
JUDGMENT Shailendra Shukla, J. - Heard. Perused the case diary. 2. This is first application under Section 439 of Cr.P.C. for grant of bail. Applicants - Prahalad S/o Balveer Jaat and Amarjeet S/o Dayanand Jaat are implicated in Crime No.140/2020 registered at Police Station - Boda, District Rajgarh for the offence punishable under Sections 34(2) of M. P. Excise Act and they are in custody since 03.06.2020. 3. Learned counsel for the applicants has made a prayer that temporary bail for a period of two months be granted to the applicants due to Covid-19 Pandemic situation because trials have not commenced before the Courts. 4. As per prosecution story, from a truck bearing registration No.HR69-A-4297, 8100 bulk litres of liquor was seized, for which there was no valid license. 5. Learned counsel for the applicants submit that both accused are respectively driver and cleaner of the truck and there are no criminal antecedents against them. 6. Per contra, learned Public Prosecutor for the State has opposed the bail application who fairly admits that there are no criminal antecedents against the applicants. 7. Considered. 8. This matter involves huge quantity of seizure of liquor which is 8100 bulk litres. Hence, in normal circumstances, it could have been difficult to afford bail to the applicants. The applicants have been in jail since 03.06.2020. In the present scenario, when the trials have not commenced due to Covid-19 Pandemic situation and as far as present matter is concerned, charge-sheet has been filed in the month of July, 2020 but no progress has been made in the trial. It would be in the fitness of things to grant temporary bail to the applicants for a period of 60 days. Without commenting upon the merits of the case, this bail application is allowed and it is directed that applicants - Prahalad & Amarjeet shall be released on bail temporarily for a period of 60 (Sixty) days subject to their furnishing a bail bond of Rs.50,000/- (Rupees Fifty thousand only) each with one local surety each in the like amount to the satisfaction of the Trial Court/Committal Court and an undertaking that they will surrender before the concerned Court immediately after expiry of 60th day from the date of their release. 9. A copy of this order be sent to the Court concerned for compliance. 10. 9. A copy of this order be sent to the Court concerned for compliance. 10. M.Cr.C. No.36157/2020 is allowed and stands disposed of Certified copy as per rules.