High CourtsSingle Bench

Raju @ Rajpa vs State Of MP

Madhya Pradesh High Court · Decided on 13 January 2022 · Citation: (2022) 01 MP CK 0079

HON’BLE JUDGES
Vijay Kumar Shukla, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.1818 Of 2022
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Judgment

17 paragraphs · 347 words

Vijay Kumar Shukla, J

This is first application of the applicant under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.59/2020 registered at Police Station

Shivgarh, Ratlam for the offences under Sections 34(2) of the Excise Act.

The applicant is in jail since 27.02.2020. It is alleged that from his possession 65 liters country made liquor has been seized.

Taking into consideration the fact that the applicant is in jail since 27.02.2020 and there are no criminal record, I find prima facie case is made out for

grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that Applicant- Raju @ Rajpal S/o Mangu @ Mangilal 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.