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Judgment
22 paragraphs · 407 wordsMohd. Fahim Anwar, J
This is first application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant who has been arrested i n connection with Crime
No.332/2020, registered at Police Station Chargawa Distt. Jabalpur for the offences punishable under Section 34(2) of the M.P.Excise Act.
As per the prosecution story, the allegation against the applicant is that from joint possession of applicant and co-accused 52 bulk liters country made
liquor was seized.
Learned counsel for the applicant has submitted that the applicant is innocent person. He is in custody since 19/10/2020. The trial will take a long time
to conclude. It is further submitted that there is no likelihood of his absconding or tampering with the prosecution witnesses. Therefore, i t is prayed
that the applicant be released on bail.
Learned counsel for State has opposed the application for grant of bail. Considering the facts and circumstances o f the case and the fact that the
applicant is in judicial custody since 19.10.2020 and also the exigency of Covid-19, this application is allowed.
It i s directed that t h e applicant shall be released o n b ail on his furnishing personal b o nd i n t h e s u m o f Rs.30,000/- (Rupees thirty thousand
only) with one solvent surety of the like amount to the satisfaction of the trial Court. The applicant shall abide by the conditions as enumerated under
Section 437(3) of the Cr.P.C. and in the event of breach of condition o f bail, the trial Court will b e competent to take coercive action against the
applicant.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing. 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 :-
The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.
The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
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.
This M.Cr.C. stands allowed and disposed of. C.C. as per rules