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2020 DIGILAW 978 (MP)

Raju v. State Of Madhya Pradesh

2020-09-30

VIJAY KUMAR SHUKLA

body2020
JUDGMENT Vijay Kumar Shukla, J. - Heard finally. 2. On account of prevailing conditions worldwide, brought about by the COVID-19 virus the revision application has been heard through video conferencing in order to maintain social distancing. The necessary parties have effectively been represented by their respective counsel via video conferencing. 3. This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail in connection with Crime No.291/2020 registered at the Police Station, Lanji, District Balaghat, for the offence punishable under Section 34(2) of the M.P. Excise Act, 1915. 4. It is alleged that 54 litres of illicit liquor has been seized from the possession of the present applicants. The learned counsel for the applicants submits that the applicants are in jail since 27-8-2020 and there is no criminal record against them. 5. The learned counsel for the State also submits that there is no criminal antecedent of the applicants. 6. Considering the aforesaid submissions and taking into consideration the alleged quantity of liquor and the fact that there is no criminal antecedent against the applicants and they are in jail since 27-8- 2020, I am of the view that the applicants are entitled for grant of bail. 7. Accordingly, it is directed that the applicants - Raju and Neeraj, shall be released from custody upon furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand) each with one surety each of the like amount to the satisfaction of the trial Court. Further, the applicants shall comply the provisions of Section 437(3) Cr.P.C. 8. The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU - W.P. (C) No.1/2020 and ensure that the applicants are examined by the jail doctor before his release. 9. If the applicants show symptoms of COVID-19, the doctor shall forthwith direct them 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 applicants are not affected with the virus, the jail authorities shall ensure their transportation from the jail till their place of residence. 10. If the doctor is of the opinion that the applicants are not affected with the virus, the jail authorities shall ensure their transportation from the jail till their place of residence. 10. It is further made clear that if it is found that the applicants are involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicants. 11. A typed copy of this order is being forwarded to the Office of the Advocate General on their e-mail address for intimation to the Police Station concerned. The Office is requested to forward a copy of this order to the learned Court below. 12. The application is accordingly allowed. 13. C.c. as per rules.