Shailendra Pratap Singh vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

On account of prevailing conditions worldwide brought about by the COVID-19 virus, the present application has been heard through video

conferencing in order to maintain social distancing. The necessary parties have effectively been represented by their respective counsel via video

conferencing.

Heard and perused the record.

This is a first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail in connection with Crime

No.602/2021, registered at the Police Station Kolgavan,,District Satna (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act.

Learned counsel for the applicant submits that from the possession of the applicant, 90 bulk liters of country made liquor is alleged to have been

seized. Learned counsel for the applicant further submits that the applicant is in jail since 05-05-2021 and there is no criminal record .

Learned counsel for the State submits that huge quantity of liquor has been seized from the applicant, however, he does not dispute that there is no

criminal record of the applicant.

Taking into consideration the alleged quantity of liquor and number o f accused persons and further that there is no criminal record of the applicant, I

am of the view that the present applicant is entitled to be released on bail.

Accordingly, the present applicant shall be released from the custody on furnishing a personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one

surety of the like amount to the satisfaction of the trial Court. Further, the applicant shall comply the provisions of Section 437(3) Cr.P.C. The prison

authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS I N

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 be forwarded to the Office of the Advocate General and to Shri Manu V. John learned Panel Lawyer, on their respective

e-mail address for intimation to the Police Station concerned. The Office is also directed to forward a copy of this order to the learned Court below.

Accordingly, the bail application is allowed.

C.c. as per rules.