Madhya Pradesh High Court
MCRC/49334/2020 of BAHADUR Vs STATE OF M.P. on 31 December 2020
No.49334/2020 1 The High Court Of Madhya Pradesh Bhadur S/o Bhuwansingh and
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M.Cr.C. No.49334/2020The High Court Of Madhya Pradesh Bhadur S/o Bhuwansingh and another vs. State of M.P.
-Indore : 31/12/2020 :
Shri Gopal Yadav, learned counsel for the applicants.
Shri Shudhanshu Vyas, learned Panel Lawyer for the non-applicant/State.
Heard th matter with the aid of case-diary through VideoConferencing.O R D E RThis is the first bail application under Section 439 ofCr.P.C. before High Court in connection with Crime No.598/2020 under Section 34(2) of M.P. Excise Act registeredat Police Station – Dhamnod, District-Dhar and applicant is in custody since 17/11/2020.
2. According to the prosecution case, total 70 bulk liters ofillicit country made Liquor was seized from the joint possessionof the present applicants, that too without having any license.
3. Learned counsel for the applicants submit that theapplicants are in custody since 17/11/2020 and meanwhilethere is no progress in trial and there is no possibility ofresumption of trial in near future. Investigation is complete andcharge-sheet has been filed. There is no likelihood of earlyconclusion of the trial. They will not misuse the liberty of bail.He, therefore, prayed for grant of bail to the applicants.
4. On the other hand, learned Panel Lawyer opposes theprayer for grant of bail.
5. I have perused the case-diary. Keeping in view the rivalsubmissions of the parties, the quantity alleged to have beenseized from the joint possession of the applicants and in thefacts and circumstances of the case, without commenting on The High Court Of Madhya Pradesh Aiyer*
merits of the case, the application is allowed. It is directedthat applicants to be released on bail upon their furnishing apersonal bond in the sum of Rs.40,000/- (Rupees Forty Thousand each Only), with one solvent surety each, inthe like amount to the satisfaction of trial Court for theirappearance before the trial Court on all such dates as may befixed in this behalf by the trial Court during the pendency oftrial and shall also abide by the conditions enumerated underSection 437 (3) of Cr.P.C.
6. Before releasing the applicants from the custody the jailauthorities are directed to medically examine them in order torule out the possibility of Covid - 19 infections and shall complywith the direction given by the Hon'ble Apex Court in WritPetition No.1/2020.
C.C. as per rules.
(Vivek Rusia)
Vacation Judge
Digitally signed by Jagdishan Aiyer Date: 2020.12.31 15:29:13 +05'30'