Nandi@Nandiram vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.195/2023 dated (not mentioned) registered at Police Station - Kurawar, Dist. Rajgarh (M.P.) for the offence under Section 34(2) of Excise Act.

It is alleged that as per the prosecution case, 60 bulk litres country made liquor and 4 blue color drum has been received from the possession of the applicant.

Counsel for the applicant submits that the investigation is almost completed and no further investigation is required.

Counsel for the respondent/State opposes the prayer on the ground that there is only one case of Excise Act against the present applicant.

After hearing learned counsel for the parties and keeping into consideration the fact that alleged seized quantity of liquor and that the investigation is almost completed. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that Applicant- Shri Nandiram 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 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/her release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him/her 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/her transportation from the jail till his/her place of residence.

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 court below.

C.c. as per rules.