Sachin vs State Of M.P

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.668/2021 registered at Police

Station â€" Aerodrome, Indore (M.P.) under Sections 49-a and 34 of Excise Act.

It is alleged that from the possession of the applicant, 5 liters spurious liquor has been seized.

Counsel for the applicant submits that the applicant is in jail since 28.11.2021 and the charge-sheet has already been filed.

Counsel for the State opposes the prayer for grant of bail, but submits that there is no FSL report to indicate that the seized liquor was spurious.

Considering the fact that there is no material to indicate that the liquor was spurious and the charge-sheet has already 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- Sachin S/o Shri Dattotray Rawerkar 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.