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2020 DIGILAW 948 (MP)

Neelesh Jain v. State Of Madhya Pradesh

2020-09-25

SUBODH ABHYANKAR

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JUDGMENT Subodh Abhyankar, J. - This is applicant's second application for bail under Section 439 of Cr.P.C. Earlier application i.e. M.Cr.C. No.21768/2020 was dismissed as withdrawn by this Court vide order dated 14.07.2020. 2. The applicant is in custody since 25.06.2020 in connection with Crime No.307/2020 registered at Police Station Rahli District Sagar (M.P.) for the offence punishable under Section 34(2) of the M.P. Excise Act, 1915 and Section 146/196 of the Motor Vehicle Act. 3. The allegation against the applicant is that 225 bulk liters of unauthorized liquor has been seized from his possession. Learned counsel for the applicant has submitted that the charge sheet has already been filed and the case is triable by Judicial Magistrate First Class. It is further submitted that the applicant has no criminal antecedents. 4. Counsel for the respondent/State on the other hand has opposed the prayer and has submitted that as per the case diary any information regarding criminal antecedents of the applicant is not available. 5. Having considered rival submissions, taking note of the fact that the applicant is in jail since 25.06.2020 and the charge sheet has already been filed and as submitted by the counsel for the applicant that there is no criminal antecedent of the applicant, without commenting on the merits of the case, the application is allowed. 6. It is directed that applicant Neelesh Jain shall be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with separate surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. 7. The prison authorities are also requested to ensure compliance of the order passed by the Supreme Court in Writ Petition No. 1/2020 and ensure that the applicant is examined by the jail doctor before his release. 8. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him 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 applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail to his place of residence. 9. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail to his place of residence. 9. If it is found that the applicant was involved in any other case apart from the present case and also after being released on bail if he indulges in any other criminal case irrespective of its nature, this bail order shall stand cancelled automatically without further reference to the Court and the police shall be at liberty to arrest the applicant in the present case as well. 10. A typed copy of this order be forwarded to the Office of the Advocate General and to Ms Ankita Khare, learned Panel Lawyer, on their respective email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Learned Court below. 11. With the aforesaid, the present application filed under Section 439 of the Cr.P.C. stands allowed and disposed of. Certified copy as per rules.