Ritesh Yadav And Others vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

On account of prevailing conditions worldwide brought about by the COVID-19 virus, the appeal has been heard through video conferencing in order to maintain social distancing. The necessary parties have effectively been represented by their respective counsel via video conferencing.

Heard and perused the record.

This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicants in connection with Crime No.179/2020 registered at Police Station- Bhangadh, District Sagar (M.P.) under Sections 34(2) of M.P. Excise Act, 1915.

It is alleged that 104 bulk litre liquor has been seized from the possession of two accused persons. Learned counsel for the applicants submits that investigation has been completed and the applicants are in jail since 10.09.2020.

Learned counsel for the State submitted that against the applicant no.1 there is one case under Sections 323, 294 etc but there is no case under the Excise Act.

Taking into consideration the fact that there is no criminal antecedent of the applicant in respect of Excise Act and the investigation has already been completed, the applicants are enlarged on bail. Therefore, the application is allowed.

It is directed that applicants shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each 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 Writ Petition No. 1/2020 and ensure, that the Applicant is examined by the jail doctor before his release. If the Applicant show 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.

With the above the application is finally disposed of.

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 and Ms. Aishwarya Singh, learned Panel Lawyer, 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.

Certified copy as per rules.