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2020 DIGILAW 865 (MP)

Brijesh v. State Of Madhya Pradesh

2020-09-07

RAJENDRA KUMAR SRIVASTAVA

body2020
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 10.08.2020, in connection with Crime No.537/2020, registered at Police Station-Kotwali Khandwa, DistrictKhandwa (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act. 3. A s per prosecution story, on 10.08.2020, on the information of an informant, during search, police has seized 53.280 bulk liters of illicit simple country made liquor from the possession of the present applicant. It is found that the applicant did not have any authority for keeping that liquor in his possession. 4. Learned counsel for the applicant submits that applicant is in jail since 10.08.2020. Alleged country made liquor was not seized from the possession of applicant. Investigation is completed. It is the time of COVID-19, so further proceedings in the trial Court is withheld and conclusion of trial will take time. There is no criminal antecedent against the present applicant, so, there is no probability to repeat the said offence. There is no possibility of his absconding or tampering with the prosecution evidence. The applicant is only bread earner of his family members and no body else is available to earn his livelihood. The applicant has been falsely implicated in this case. 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 opposes the bail application. 6. After hearing arguments of the parties and looking to the facts and circumstances of the case, the applicant is in jail since 10.08.2020, there is no criminal antecedent against the present applicant, so, there is no probability to repeat the offence, investigation is completed, it is the time of COVID-19, so further proceedings in the trial Court is withheld and conclusion of trial will take time, there 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. Consequently, it is hereby allowed. 7. It is directed that applicant-Brijesh 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 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 . 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. Certified copy as per rules.