Shailendra Gond vs State Of Madhya Pradesh

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.866/2020 registered at Police Station Maihar, District Satna (M.P.) under Section 34(2) and 42 of M.P. Excise Act.

Learned counsel for the applicant submits that it is alleged against the applicant that 56 bulk litres of liquor has been seized from him. He is in jail since 13.09.2020.

Taking into consideration, the alleged quantity of liquor and the fact that there is no criminal record against the applicant as stated by learned counsel for the State, I am inclined to grant bail to the applicant as the applicant is in jail since 13.09.2020 and there is no criminal record against him, therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that Applicant-Shailendra Gond 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 learned Court below.

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 Applicant is examined by the jail doctor before his release. If the Applicant show 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.

With the above the application is finally disposed of.

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 learned Court below.

Certified copy as per rules.