Sitaram And Others vs State Of Madhya Pradesh

Sanjay Dwivedi, J

This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicants for grant of bail in connection with Crime No.100/2021 registered at Police Station-Chargawan, District Jabalpur, for the offence punishable under Sections 34(2) and 36 of the M.P. Excise Act, 1915.

As per the case of the prosecution, the applicants were found in illegal possession of 67 bulk liters of liquor.

Learned counsel for the applicants submits that the applicants are in custody since 17.03.2021. He further submits that the present applicants have no criminal antecedents. He also submits that the offence is triable by the Court of Judicial Magistrate First Class and the trial will take some time to conclude. Upon these submissions, he prays for grant of bail to the applicants.

Considering the aforesaid, without commenting anything on the merits of the case, though the bail application is opposed by learned counsel for the State, I am inclined to consider and allow this bail application. Accordingly, the same is hereby allowed.

It is directed that the applicants be released on bail upon their furnishing a personal bond 'each' in the sum of Rs.50,000/- (Rupees

Fifty Thousand) with one solvent surety 'each' of the same amount to the satisfaction of the Court concerned for their appearance on the dates given by it.

It is further directed that the applicants shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

The jail authority is also directed to ensure that the applicants are examined by the jail doctor to ascertain that they are not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicants shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that the applicants can be released, then they shall be released.

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