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2020 DIGILAW 845 (MP)

Oomprakash @ Panna Arya v. State Of Madhya Pradesh

2020-09-02

ATUL SREEDHARAN

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JUDGMENT Atul Sreedharan, J. - This is the second bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.192/2019 for the offences punishable under Section 34(2) of M.P. Excise Act registered at Police Station- Chicholi District-Betul. The first application having been dismissed as withdrawn with liberty to file afresh after the filing of the chargesheet or after 2 months, whichever is earlier, vide order 18-05-2020 in M.Cr.C No. 13496/2020. 2. Learned counsel for the applicant submits that the charge-sheet has been filed however, the same cannot be confirmed by the learned counsel for the State. 3. The applicant is in judicial custody since 30.04.2020 in the aforementioned case. The applicant is alleged to have been carrying 750 litres of alcohol without authorization. Though, he has been named in the FIR, 4. Learned counsel for the applicant submits that the vehicle in which the alcohol has been transported does not belong to him and he has sold it to the coaccused by way of an agreement. 5. Learned counsel for the State opposing the application for bail submits that the vehicle is still registered in the name of the applicant herein. However, it is undisputed by the State that the applicant was not in the vehicle, when the alcohol was seized and the co-accused was driving the vehicle. Learned counsel for the State has also submitted the besides this case, there are three other cases against the applicant, one is of year 2015, under section 34(A) the excise Act,and one of the year 2018, again under Section 34(A) of the excise Act however, a case under Section 34(2) of the excise ACt of the year 2017. 6. Looking at the facts and circumstances of the case, the period of incarceration already undergone by the applicant and the charge-sheet having been filed and the chances of an early conclusion of trial does not seem probable in the present prevailing condition, the application is allowed and it is directed that the applicant shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial court. 7. 7. The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the coronavirus and if he is, he shall be sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the jail authorities. C.C. as per rules.