Deepak vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the first application under Section 439 of the Cr.P.C. filed on behalf of applicant, who is in custody since 26.08.2020 in connection with Crime No.564/2020 registered at Police Station Kotwali, District Khandwa (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act, 1915.

The allegation against the applicant is that he was found in possession of 54 bulk litres of liquor.

Learned counsel for the applicant has submitted that this is the applicant's first offence and investigation is almost complete. He has further submitted that the applicant is in jail since 26.08.2020 and charge sheet has already been filed and final conclusion of the trial is also likely to take sufficiently long time on account of COVID-19 situation. Thus, it is prayed that the applicant be released on bail.

Learned counsel for the State on the other hand has opposed the prayer.

Having considered the rival submissions and on perusal of the case diary as also taking note of the fact that this is the first offence of the applicant and final conclusion of the trial is likely to take sufficiently long time on account of COVID-19 situation, this Court is of the view that it is a fit case in which bail can be granted to the applicant. Thus, without expressing any opinion on the merits of the case, the application is allowed.

Accordingly, it is directed that applicant Deepak be released from custody subject to his furnishing personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the concerned Court on all the dates of hearing fixed in this behalf by the Court concerned during trial.

Subsequently, if it is found that the applicant is again involved in any other case during the trial, this bail order shall cancelled automatically without reference to the Court and the police shall be at liberty to arrest the applicant.

The prison authorities are also requested to ensure compliance with 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.

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 till his place of residence. With the above the application is finally disposed of.

A typed copy of this order is being forwarded to the Office of the Advocate General and to Shri Abhinav Kherdikar, Ld. 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 Ld. Court below.

Certified copy as per rules.