Sandeep Gupta And Others vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the first application under Section 439 of the Cr.P.C. filed on behalf of applicants, who are in custody since 29.08.2020 in connection with Crime No.401/2020 registered at Police Station Morwa, District Singrauli (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act, 1915.

The allegations against the applicants are that they were found to be involved in the aforesaid case wherein 50 bulk litres of country made liquor was seized.

Learned counsel for the applicants has submitted that the applicants are in jail since 29.08.2020 and investigation is over. He has further submitted that so far as applicant No.1 Sandeep is concerned, there are two cases registered against him which are alleged to have been committed in the year 2011 and 2012 and no case under Section 34(2) of the M.P. Excise Act, 1915 has been registered. It is further submitted that charge sheet has already been filed and final conclusion of the trial is likely to take sufficiently long time on account of COVID-19 situation. Thus, it is prayed that the applicants be released on bail.

Learned counsel for the State on the other hand has opposed the prayer and has submitted that no case for bail is made out as applicant No.1 is a habitual offender.

Having heard the rival submissions, on perusal of the case diary and taking note of the facts that the charge sheet has already been filed, final conclusion of the trial is likely to take sufficiently long time on account of COVID-19 situation and the further case is triable by the JMFC, this Court finds that the seizure is of 50 litres only which is an exact quantity attracts Section 34(2) of M.P. Excise Act, 1915. In the considered opinion of this Court, without expressing any opinion on the merits of the case, the application is allowed.

Accordingly, it is directed that applicants Sandeep Gupta and Shashikant Gupta be released from custody subject to their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with solvent surety in the like amount to the satisfaction of the trial Court for their appearance before the concerned Court on all the dates of hearing fixed in this behalf by the Court concerned during trial.

Subsequently, if it is found that the applicants are again involved in any other case during the trial, this bail order shall cancelled automatically without reference to the Court and the police shall be at liberty to arrest the applicants.

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 applicants are examined by the jail doctor before his release.

If the applicants show symptoms of COVID-19, the doctor shall forthwith direct them 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 applicants are not affected with the virus, the jail authorities shall ensure their transportation from the jail till their place of residence. With the above the application is finally disposed of.

A typed copy of this order is being forwarded to the Office of the Advocate General and to Shri Abhinav Kherdikar, Ld. Panel Lawyer, on their respective 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.