Gulshan Mimral vs State Of Madhya Pradesh

Rohit Arya, J

This is the first bail application under Section 439 Cr.P.C. filed on behalf of the applicant. The applicant is in custody since 02.08.2021 in connection

with Crime No.1027/2021 registered at P.S.,Lasudiya District Indore for the offence punishable under Section 34(2) of M.P. Excise Act.

As per prosecution story, 57 bulk litres of illicit country-made liquor was recovered from the joint possession of present applicant. alongwith three

other co-accused persons. Accordingly, case has been registered against the present applicant.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. Applicant is in custody since 02.08.2021.

Applicant is the sole bread earner and due to his jail incarceration, family is in penury. Moreso, looking to prevailing Covid-19 situation, trial is not likely

to conclude early in the near future. Hence, under such circumstances, the applicant may be enlarged on bail on such terms and conditions this Court

deems fit and proper.

P e r contra, learned Panel Lawyer opposes the bail application supporting the order impugned.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that applicant is in jail

since 02.08.2021 and due to Covid-19 pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for

enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the

applicant be released on bail furnishing personal bond in the sum of Rs. 1,00,000/- (rupees one lakh only) with one solvent surety in the like amount to

the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply

with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.

(ii) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as

well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of

Novel Corona virus (COVID-19);

(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail

doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required

be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order.

(iv) in the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail

granted to the applicant.

(v) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court,

this bail order shall stand cancelled automatically.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police

station for information and necessary action.

E-certified copy as per rules.