Madhya Pradesh High Court
MCRC/52115/2020 of YASHWANT Vs STATE OF M.P. on 31 December 2020
COURT OF MADHYA PRADESH, INDORE BENCH MCRC No.52115/2020 Yashwant vs. State of
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THE HIGH COURT OF MADHYA PRADESH, INDOREBENCH
MCRC No.52115/2020Yashwant vs. State of M.P.
Indore, dated :31.12.2020
Heard through Video Conferencing.
Shri A. Choudhary, learned counsel for the applicant.
Shri R.K. Shastri, learned Panel Lawyer for the non-applicant –State.
This is second bail application under Section 439 of Cr.P.C. forgrant of bail. The applicant, who is implicated in Crime No.501/2020registered at Police Station Jaora Industrial Area District Ratlam forthe offence punishable under Section 34(2) of the M.P. Excise Act.The applicant is in custody since 28.10.2020.
First bail application was dismissed as withdrawn vide orderdated 24.11.2020 passed in MCRC No.45521/2020.
As per prosecution story, 70 bulk liters of country made liquourhas been recovered from possession of the application for which hewas not having any valid license.
Learned counsel for the applicant submits that the applicant hasfalsely been implicated in the present case. The applicant is in custodysince 24.11.2020.The conclusion of trial is likely to take time, henceprayed for release of the applicant on bail.
Learned counsel for the State was also heard who has opposedthe bail application by submitting that the applicant is having criminalantecedent and two cases under the similar provisions have alreadybeen registered against the applicant.
Perused the case diary.
In view of the submissions made by learned counsel for theparties and mainly the submissions made by learned counsel for theapplicant, without commenting on the merits of the case, theapplication filed by the applicants is allowed. The applicant isdirected to be released on bail on his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with one solventsurety of the like amount to the satisfaction of the trial court for hisregular appearance before the trial court during trial with a conditionthat he shall remain present before the court concerned during trialand shall also abide by the conditions enumerated under section437(3) Cr.P.C.
Before releasing the applicant from the custody, the jailauthorities are directed to medically examine him in order to rule outthe possibility of COVID-19 infections and shall comply with thedirections given by the Hon'ble apex Court in Writ PetitionNo.01/2020.
However, it is made clear that in future if the applicant is foundinvolved in any other case, this bail order shall stand canceledautomatically without further reference to this Court.
With the aforesaid, the application stands disposed of.
CC as per rules.
(Vivek Rusia) Judge
amit
Digitally signed by Amit Kumar Date: 2021.01.02 14:26:06 +05'30'