Madhya Pradesh High Court
MCRC/53965/2020 of SHARDA @ SAGUDI Vs THE STATE OF MADHYA PRADESH on 31 December 2020
M.Cr.C. No.53965/2020 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE (SINGLE
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Arguments
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE(SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No. 53965 of 2020
(Sharda @ Sagudi W/o. Raju Nayak. V/s. State of M.P.)
Date : 31.12.2020:
Applicant by Shri Kaushal Singh Sisodiya, Advocate.Respondent/State by Shri Ramkrishna Shastri, Panel Advocate.
O R D E R
This is first application filed under Section 439 of Cr.P.C.by the applicant – Sharda @ Sagudi W/o. Raju Nayak, who has beenarrested by Police on 23.10.2020 in connection with CrimeNo.571/2020, Police Station Badnawar, District Dhar for the offencepunishable under Section 34(2) of the M.P. Excise Act.
As per prosecution Story, the present applicant was foundin possession of illicit 60 bulk litres country made liquor withouthaving any valid licence.
Learned counsel for the applicant submits that theapplicant has been falsely implicated in the case. Challan has beenfiled. She is in custody since 23.10.2020 and there is no progress inthe trial due to Covid-19 epidemic. He, therefore, prayed for grant ofbail.
Learned Panel Advocate appearing for therespondent/State opposes the prayer.
In view of the aforesaid facts and circumstances, withoutfurther commenting on the merits of the case, it would be appropriateto enlarge the applicant on bail.
Accordingly, this application is allowed and the applicantis directed to be released on bail upon her furnishing a personal bondin the sum of Rs.40,000/- (Rupees Fifty Thousand) with one surety in the like amountto the satisfaction of the Trial Court for herappearance before that Court during the pendency of trial. It is madeclear that in case the applicant is found involved in any othercriminal activity, then this bail order shall stand automaticallyvacated.
Before releasing the applicant from the custody the jailauthorities are directed to medically examine her in order to rule outthe possibility of COVID -19 infections and shall comply with thedirection given by the Hon'ble Apex Court in Writ Petition No.1/2020.
C.C. as per rules.
( VIVEK RUSIA )
V. JUDGE
Alok/-
Digitally signed by Alok Gargav
Date: 2021.01.02 15:33:54 +05'30'