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2020 DIGILAW 1141 (MP)

Jai Shinde v. State Of Madhya Pradesh

2020-10-19

RAJENDRA KUMAR SRIVASTAVA

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JUDGMENT Rajendra Kumar Srivastava, J. - This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure. 2. The applicant is in custody since 21/08/2020 in connection with Crime No.430/2020 registered at P.S.-Lalbag, Burhanpur, District-Burhanpur, (M.P.) for the offence punishable under Section 34(2) of the M.P. Excise Act, 1915. 3. As per prosecution story on 29/07/2020, on the basis of information police recovered 52.56 bulk liters of country made liquor (Deshi) from the joint possession of applicant and other co-accused. 4. Learned counsel for the applicants submits that accused/applicant has been falsely implicated in this case. No liquor was seized from the possession of applicant. Present accused/applicant is made as an accused on the basis of memorandum statement of co-accused, so no case is made out against the applicant under Section 34(2) of M.P. Excise Act. It is alleged by the prosecution itself that 52.56 bulk liters of country made liquor (Deshi) was seized from co-accused and other co-accused deposed this fact that they bought this liquor from present accused/ applicant, so it is evident that no liquor is seized from the possession of present accused/applicant. Accused/applicant is not previously convicted under Section 34(2) of Excise Act, so, there is no probability to repeat the offence by the applicant. Accused/applicant is in jail since 21.8.2020. Charge sheet has been filed. It is the time of COVID-19 Pandemic, so further proceedings before the trial Court is withheld and conclusion of trial will take long time in its final disposal. There is no chance of applicant absconding and tampering with the evidence, if he be released on bail. The applicant is ready to furnish bail, as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant. 5. Per-contra, learned Panel Lawyer submits that there is previous criminal record against the present applicant, therefore, he opposes the bail application. 6. The applicant is ready to furnish bail, as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant. 5. Per-contra, learned Panel Lawyer submits that there is previous criminal record against the present applicant, therefore, he opposes the bail application. 6. After hearing arguments of the parties and looking to the facts and circumstances of the case and the fact that accused/applicant is made as an accused on the basis of memorandum statement of co-accused, no liquor is seized from the possession of accused/applicant, no other material is available on record against the accused/applicant, so it cannot be said that there is a reasonable ground to hold that accused/applicant committed such type of offence, applicant is not previously convicted under Section 34(2) of M.P. Excise Act, so there is no probability to repeat the offence, the applicant is in jail since 21.8.2020, it is the time of COVID-19, so further proceedings before the trial Court is withheld and the trial will take time for final disposal, charge sheet has been filed, ther e is no probability of his absconding or tampering with the prosecution evidence, it would be appropriate to release the applicant on bail, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed. 7. It is directed that applicant-Jai Shinde be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one surety of the same amount each to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing. 8. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto 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 applicant by the jail doctor before his release. 2 . 8. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto 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 applicant by the jail doctor before his release. 2 . The applicant shall not be released if he is suf ering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out. 3 . If it is found that the applicant is suf ering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility. 9. Certified copy as per rules.