High CourtsSingle Bench

Ravi vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 24 February 2022 · Citation: (2022) 02 MP CK 0166

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. 9834 Of 2022
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Judgment

13 paragraphs · 366 words

Vijay 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.1/2022 registered at Police Station - Pipalrawan, district Dewas (M.P.) under Section 34(2) of M.P. Excise Act.

It is alleged that from the possession of applicant 60 bulk liters country made liquor has been seized.

Counsel for the applicant submits that applicant is in jail since 1.1.2022.

Investigation is complete and challan has been filed.

Counsel for the State opposes the prayer for grant of bail.

Considering the fact that investigation has already been completed and challan has been filed, I am of the view that the 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-Ravi 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 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 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 Court below.

C.c. as per ruels.