Waseem Beg vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on this first post arrest bail application filed by applicant Waseem Beg under Section 439 of the Code of Criminal Procedure for grant of bail.

The applicant is in jail since 02.08.2020 in connection with Crime No.473/2020, registered at Police Station-Kotwali, District-Hoshangabad for the offence punishable under Section 34(2) of the M.P. Excise Act, 1915.

The allegation against the applicant, in short, is that the applicant apprehended with 80 bulk litres country made liquor without having any license or authority.

Learned counsel for the applicant submits that after investigation, charge-sheet has been filed and trial has been commenced and applicant is having no criminal antecedents, therefore, it has been prayed that applicant be released on bail.

Learned Panel Lawyer for the respondent/State, on the other hand, has opposed the application and admitted that no previous criminal record of the applicant is annexed in this case diary.

Having heard both the learned counsel for the parties and considering the present situation of widespread of Corona Virus (COVID-19) pandemic, this Court is now inclined to release applicant on bail.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court with a condition that he shall remain present before the concerned Court during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant.

Certified copy as per rules.