Sachin Berman And Others vs State Of Madhya Pradesh

Arun Kumar Sharma, J

This is first application filed by the applicants/accused under Section 439 of Cr.P.C for grant of bail arrested on 10.8.2021 in connection with Crime No.297/21 registered at Police Station Chargawan, District - Jabalpur for the offence punishable under Section 34 (2) of the M.P. Excise Act.

It is alleged that the applicants were found in their illegal possession of 70 bulk liters of country made liquor.

It is submitted that the applicants are innocent. They are in custody since 10.8.2021. Charge sheet has been filed. Trial will take time. Further custody of the applicants is not warranted. There is no previous criminal antecedents of the applicants. Hence, they be released on bail.

Learned PL has opposed the application.

Considering the facts and circumstances of the case, this application is allowed and it is ordered that the applicants/accused be released on bail on their furnishing a personal bond for a sum of Rs.25,000/- each with a solvent surety each in the like amount to the satisfaction of the trial court for securing their presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.

In view of the outbreak of “Corona Virus Disease (COVID-19)â€Â, the applicants shall also comply with the rules and norms of social distancing.

Further, in view of the order passed by the Hon’ble Supreme court in suo motu W.P.No.1/2020, it would be appropriate to issue the following directions to the Jail authorities :-

The Jail Authority shall ensure the medical examination of the applicant/s by the jail doctor before his/her/their release.

The applicants shall not be released if they are suffering from “Corona Virus Disease†and for this purpose, appropriate tests will be carried out.

If it is found that the applicants are suffering from “Corona Virus Diseaseâ€Â, necessary steps will be taken by the concerned authority by placing them in appropriate quarantine facility.

If the applicants are not found infected with the alleged virus, the jail authority shall ensure their transportation from the jail to their place of residence. The transportation shall be done in full compliance of the rules and norms of social distancing.

Certified copy as per rules.