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Judgment
19 paragraphs · 373 wordsVijay Kumar Shukla, J
This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.400/2021 registered at Police
Station Industrial Area, Jaora, under Sections 34(2) of M.P. Excise Act.
It is alleged that 61 bulk litres of liquor has been seized from the possession of the applicant. The applicant is in jail since 27.12.2021. The charge sheet
has already been filed and the investigation is completed.
Counsel for the applicant submits that there is one criminal record in which the applicant has alredy been acquitted.
Considering the aforesaid submission and taking into consideration that the charge sheet has already been filed, I am of the view that applicant is
entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
It is directed that Applicant- Manish S/o. Heeralal shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty
Thousand Only) with one surety of the like amount to the satisfaction of the Ld. Court below.
The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19
VIRUS IN PRISONS in SUO MOTU ""W.P. (C) 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.
It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled
automatically without reference to the Court and the Police will be at liberty to arrest the applicant.
A typed copy of this order is being forwarded to the Office of the Advocate General, on their 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.