Sumit Sundrani vs State Of M.P

Mohd. Fahim Anwar, J

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime

No.371/2020, registered at Police Station Shahpura District Jabalpur, for the offence punishable under Section 34(2) of M. P. Excise Act.

Allegation against the applicant is that from the possession of the applicant 55.8 bulk liters of liquor was seized.

It is submitted by the learned counsel for the applicant that the applicant is innocent person. He has not committed any offence. He has been falsely

implicated in the case. He is in judicial custody since 22/12/2020. The trial will take time to conclude. There is no likelihood of his absconding or

tampering with the prosecution witnesses. Therefore, it is prayed that the applicant be released on bail.

Learned counsel for the respondent/ State opposing the submission mad e on behalf of the applicant and prayed for rejection of the bail application.

Considering the facts and circumstances of the case, the fact that the applicant is in judicial custody since 22/12/2020 and the exigency of Covid-19

disease, I am of the considered view that it is a fit case to release the applicant on bail. Consequently, the application is allowed.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum o f Rs.30,000/- (Rupees thirty thousand only) with one

surety of the like amount to the satisfaction of the committal/trial Court to appear before the Court on the dates given by the concerned Court. It is

directed that applicant shall comply with the provisions of Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further,

in view of the order passed by the Hon'ble Supreme Court suo moto in W.P.No.1/2020, it would be appropriate to issue the following direction to the

jail authority :-

The Jail Authority shall ensure the medical examination of the applicant by the jail Doctor before his release.

The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in

appropriate quarantine facility.

This M.Cr.C. stands allowed and disposed of. C.C., as per rules.