Sawan And Others vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is first bail application filed under Section 439 Cr.P.C. by the applicants, who are in jail since 14.05.2021, in connection with Crime No.201/2021

registered at Police Station Sailana, District -Ratlam for commission of offence punishable under Section 34 (2) of the Excise Act.

As per the prosecution story, 111 bulk liters of illicit liquor has been recovered from the joint possession of both the present applicants.

Accordingly case has been registered against them.

Learned counsel for the applicants has submitted that the applicants are innocent and they have been falsely implicated in the offence.

Investigation is complete, and challan has been filed. It is further submitted that both the applicants are young boys; aged 22 years and they are in jail

since 14.05.2021. It is further submitted that there is no progress in trial due to Covid-19 pandemic. In such circumstances, learned counsel prays that

the applicants be released on bail.

Prayer is opposed by the learned Public Prosecutor.

Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties, without commenting on the merit of

the case, the application is allowed. The applicants are directed to be released on bail upon their furnishing personal bond in the sum of Rs.25,000/-

(Rs. Twenty Five Thousand Only) each with one surety each in the like amount to the satisfaction of the trial Court for their appearance before the

trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial and they shall also abide by the conditions

enumerated under section 437(3) Cr.P.C.

It is also observed that if the applicants are found involved in any of the criminal activities, after their release on bail, then the present bail order shall

stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

Before releasing the applicants from the custody, the jail authorities are directed to medically examine them in order to rule out the possibility of

COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

Certified Copy as per rules.