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Judgment
22 paragraphs · 404 wordsArun Kumar Sharma, J
This is the first bail application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail, who has been arrested on 21.06.2021 by
Police Station Excise Circle, Balaghat, District Balaghat (M.P.) in connection with Crime No.78/2021 registered for the offence punishable under
Section 34(1) (Ka) & 34(2) of M.P. Excise Act.
It is alleged that the applicant was found in illegal possession of 60 bulk liters of illicit liquor.
It is submitted by the learned counsel for the applicant that the applicant is an innocent person. He is in custody since 21.06.2021. Charge sheet has
been filed. Trial will take time. There are no criminal antecedents of the applicant. Further custody of the applicant is not warranted. Hence, he be
released on bail.
Learned Panel Lawyer strongly opposed the bail application. Considering the facts and circumstances of the case, this application is allowed and it is
ordered that the applicant/accused Kewal Mordhvre be released on bail on his furnishing a personal bond for the sum of Rs.25,000/-(Rupees Twenty
Five Thousand only) with a solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all
the dates of hearing fixed in this regard during trial and for comply with the conditions enumerated in sub section (3) of Section 437 of Cr.P.C.
In view of the outbreak of Corona Virus Disease (Covid-19) the applicant shall also comply with 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.01/2020, it would be appropriate to issue the following
direction to the jail authorities:-
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 and 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.
If the applicant is not found infected with the alleged virus, the jail authority shall ensure his transportation from the jail to his place of residence.
The transportation shall be done in full compliance of the rules and norms of social distancing.
Certified copy as per rules.