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Madhya Pradesh High Court · body

2020 DIGILAW 738 (MP)

Prakash v. State of M. P.

2020-07-27

SHAILENDRA SHUKLA

body2020
ORDER 1. Heard. Perused the case diary 2. M.Cr.C. No.17162/2020 is third application and M.Cr.C. No.17341/2020 is first application under section 439 of Cr.P.C. for grant of bail. Applicants – Prakash s/o Ratansingh Damor and Suresh s/o Narayan Mochi are implicated in Crime No.248/2019 registered at Police Station – Kalidevi, District Jhabua for the offence punishable under sections 34(2) and 36 of the M. P. Excise Act and they are in custody since 4.11.2019. 3. As per prosecution story, 989.400 bulk litres of liquor has been seized from the possession of two accused persons. 4. Learned counsel for the applicants submits that the Court proceedings are stalled and trials have not resumed due to Covid pandemic situation and seeks bail on this ground. It is also submitted that in the present case, independent witnesses have turned hostile and that informant and investigator are the same person and therefore, in view of judgement of the apex Court in the case of Mohan Lal v. State of Punjab, AIR 2018 SC 3853 , trial has vitiated on this ground itself. It is further submitted that the applicants are in jail since last nine months. 5. Per contra, learned Public Prosecutor for the State was also heard. 6. Presently, due to Covid pandemic situation, trials are not proceeding before the trial Court anywhere in the State of Madhya Pradesh. Hence in this state of affairs, it would be appropriate to enlarge the accused on bail temporarily, without expressing any opinion on the merits of the case, prayer for grant of temporary bail is allowed and it is directed that the applicants – Prakash and Suresh shall be released on bail temporarily for a period of 60 (Sixty) days subject to thier 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 the aforesaid period from the date of their release. 7. A copy of this order be sent to the Court concerned for compliance. 8. M.Cr.C. No.17162/2020 & M.Cr.C. No.17341/2020 are allowed and stands disposed of