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2020 DIGILAW 910 (MP)

Vishal @ Takhat Singh v. State Of Madhya Pradesh

2020-09-15

MOHD FAHIM ANWAR

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JUDGMENT Mohd. Fahim Anwar, J. - This is first bail application under Section 439 of Cr.P.C., in connection with Crime No.682/2020, registered at Police Station Pathariya, District Damoh, for commission of offence punishable under Section 34(2) of M.P.Excise Act. 2. The case of the prosecution is that about 56 liters of country made liquor was recovered from the possession of applicant and one co-accused. 3. Learned counsel for applicant submitted that the applicant is an innocent person and he has falsely been implicated in the present offence. The applicant is ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. He further submits that the applicant is in jail since 23.8.2020 and the trial will take time for its final disposal. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant. 4. Learned counsel for the respondent/State opposed the bail application. 5. Considering the facts and circumstances of the case and the fact that the applicant is in judicial custody since 23.8.2020 and the trial will take time to conclude, I am of the considered view that it is a fit case to release the applicant on bail. Therefore, without commenting on the merits of the case, application of the present applicant seems to be acceptable. 6. Consequently, the application is allowed. It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) with one surety of the like amount to the satisfaction of the committal/trial Court to appear before the Court on the dates given by the concerned Court. It is directed that applicant shall comply with the provisions of Section 437(3) Cr.P.C. 7. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court suo moto in 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 suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out. 3. 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 suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out. 3. If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility. 8. This M.Cr.C. stands allowed and disposed of. 9. C.C., as per rules.