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Judgment
17 paragraphs · 283 wordsSanjay Dwivedi, J
On earlier occassion also time has been granted to the State to produce the case diary.
Heard.
This is first application under Section 439 of Cr.P.C. on behalf of applicant for grant of bail.
Applicant is in custody since 19/04/2021 in connection with Crime No. 163/2021 registered by Police Station Khamaria District Jabalpur for the
offence punishable under Section 34(2) of the M.P. Excise Act.
Learned counsel for the applicant submits that as per the case of the prosecution, applicant was found in possession of 60 bulk litres of illegal liquor.
There is no criminal antecedent against the applicant. The offence is triable by JMFC. Therefore, he may be enlarged on bail.
Learned counsel for the respondent-State has opposed the bail application.
Considering the facts and circumstances of the case, without commenting anything on merit, this application is allowed. It is directed that the applicant
be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) witha surety bond of like amount to the
satisfaction of CJM/JMFC/trial Court concerned.
It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
The jail authority is also directed to ensure that before his release, the applicant is examined by the jail doctor to ascertain that he is not afflicted with
the COVID-19 virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the
protocol laid down by the State. In the event the jail doctor is of the opinion that the applicant can be released, then he shall be released.
Certified copy as per rules.