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Judgment
19 paragraphs · 359 wordsVijay 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.
