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Judgment
18 paragraphs · 324 wordsMohd. Fahim Anwar, J
This is first bail application under Section 439 of Cr.P.C., in connection with Crime No.154/2020, registered at Police Station Mohgaon, District
Chhindwara, for commission of offence punishable under Sections 34(2), 45 of M.P.Excise Act.
The case of the prosecution is that about 60 liters of country made liquor was recovered from the possession of applicant.
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 11.12.2020 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.
Learned counsel for the respondent/State opposed the bail application and submitted that there are 3 criminal antecedents of the applicant.
Considering the facts and circumstances of the case, the period of judicial custody of the applicant, who is in jail since 11.12.2020 and the exigency of
Covid-19 disease, I am of the considered view that it is a fit case to release the applicant on bail.
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 solvent 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.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued b y
the Government Date:with2021.01.12 17:18:14regardIST to 'COVID-19' before releasing the applicant.
This M.Cr.C., stands allowed and disposed of.
C.C., as per rules.