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2020 DIGILAW 1189 (MP)

Asharam Yadav v. State Of Madhya Pradesh

2020-11-04

VIJAY KUMAR SHUKLA

body2020
JUDGMENT Vijay Kumar Shukla, J. - On account of prevailing conditions worldwide brought about by the COVID-19 virus, the present application has been heard through video conferencing in order to maintain social distancing. The necessary parties have effectively been represented by their respective counsel via video conferencing. 2. Heard and perused the record. 3. This is the first bail application filed by the applicants under Section 439 of the Code of Criminal Procedure for grant of bail in connection with Crime No.105/2020 registered at the Police Station Birsa, District Balaghat (M.P.) for the offence punishable under Section 34(2) of Excise Act, 1915. 4. It is alleged that about 60 Bulk liters of illicit liquor has been seized from the possession of the present applicants. 5. Learned counsel for the applicants submits that there is no criminal record against the present applicants. He submits that the applicants are in jail since 31.07.2020 and as the trial is likely to take some time, therefore, prays for grant of bail to the applicants. 6. Per contra, learned counsel for the State opposes the prayer for grant of bail to the applicants. 7. However, taking into consideration the alleged quantity of liquor seized from the possession of the applicants and also the fact that they are in jail since 31.07.2020, I am of the view that the present applicants are entitled to be released on bail. 8. Accordingly, the present applicants- Asharam Yadav and Kishan Panjre, shall be released from the custody upon furnishing a personal bond of Rs.50,000/- each (Rs. Fifty Thousand Only) with one surety each of the like amount to the satisfaction of the trial Court. Further, the applicants shall comply the provisions of Section 437(3) Cr.P.C. 9. The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU " W.P. (C) No.1/2020 and ensure that the applicants are examined by the jail doctor before their release. If the applicants show symptoms of COVID-19, the doctor shall forthwith direct them to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicants are not affected with the virus, the jail authorities shall ensure their transportation from the jail till their place of residence. 10. If the doctor is of the opinion that the applicants are not affected with the virus, the jail authorities shall ensure their transportation from the jail till their place of residence. 10. It is further made clear that if it is found that the applicants are involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicants. 11. A typed copy of this order be forwarded to the Office of the Advocate General and to Shri Shivam Hazare, learned Panel Lawyer, on their respective e-mail address for intimation to the Police Station concerned. The Office is also directed to forward a copy of this order to the learned Court below. 12. Accordingly, the bail application is allowed. C.c. as per rules.