High CourtsSingle Bench

Rohit vs State Of Madhya Pradesh Station

Madhya Pradesh High Court · Decided on 31 January 2022 · Citation: (2022) 01 MP CK 0167

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
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No.4955 Of 2022
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Judgment

19 paragraphs · 359 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.14/2022 registered at Police Station

Maxi District Shajapur for the offences under Section 34 (2) of Excise Act.

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

Counsel for the applicant submits that the applicant is in custody since 12.1.2022 and the investigation has already been completed.

Counsel for the respondent State opposes the prayer and submits that there is one criminal case pending against the applicant.

However, taking into consideration that investigation has already been completed, therefore, I am of the view, that the applicant is entitled for grant of

bail.

It is directed that Applicant- Rohit S/o Gabbar Singh Malviya 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.