Madhya Pradesh High Court
MCRC/46479/2020 of VIJAY Vs THE STATE OF MADHYA PRADESH on 31 December 2020
Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-46479-2020 (VIJAY
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The High Court Of Madhya PradeshMCRC-46479-2020
(VIJAY AND OTHERSVs THE STATE OF MADHYA PRADESH)
[31][-][12][-][2020]Jabalpur, Dated :
Heard through Video Conferencing.
Shri Jafar Khan, learned counsel for the applicants.
Shri Manoj Kushwaha, learned Panel Lawyer for the respondent/State.
Heard.
Case diary is available.
This is first bail application on behalf of applicants under Section 439of Cr.P.C.
Applicants are in custody since 05.11.2020 in connection with CrimeNo.380/2020 registered at Police Station Shahgarh, District Sagar, M.P. forthe offence under Section 34(2) of the M.P. Excise Act.
Learned counsel for the applicants submits that as per the prosecution,applicants were found in illegal possession of 105 bulk liters of country madeliquor. They are in custody since 05.11.2020. The offence is triable byJudicial Magistrate First Class. The applicants have no criminal past.Therefore, considering the aforesaid, applicants may be granted bail.
Learned counsel for the respondent-State has opposed the bailapplication.
On due consideration of the facts and circumstances of the case,without commenting anything on merit of the case, this application is allowed.
It is directed that applicants be released on bail on their furnishing apersonal bond in the sum of Rs. 50,000/- each with a surety bond each of likeamount to the satisfaction of the Court concerned for their appearance on thedates so fixed by that Court during the trial.
It is directed that applicants shall abide by the conditions enumerated inSection 437(3) of Cr.P.C.
It is further directed that the jail authorities, while releasing theapplicants, shall ensure that the applicants are examined by the jail doctor to Signature Not VerifiedSAN
ensure that they are not afflicted with the Covid-19 virus. If the doctorsuspects otherwise, the applicants shall be referred to the appropriate hospitalfor further management as per the protocol laid down by the State. In theevent the Jail Doctor is of the opinion that applicants can be released, thenthey shall be released.
Certified copy as per rules.
(SANJAY DWIVEDI)V. JUDGE
rao