Madhya Pradesh High Court
MCRC/51907/2020 of JITENDRA Vs THE STATE OF MADHYA PRADESH on 31 December 2020
COURT OF MADHYA PRADESH, INDORE BENCH MCRC No.51907/2020 Jitendra vs. State of
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THE HIGH COURT OF MADHYA PRADESH, INDOREBENCH
MCRC No.51907/2020Jitendra vs. State of M.P.
Indore, dated :31.12.2020
Heard through Video Conferencing.
Shri P. 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.369/2020registered at Police Station Mandleshwar District Khargone for theoffence punishable under Section 34(2) of the M.P. Excise Act. Theapplicant is in custody since 28.08.2020.
First bail application was dismissed as withdrawn vide orderdated 10.11.2020 passed in MCRC No.44434/2020.
As per prosecution story, 60 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 28.08.2020.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.
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 thesum of Rs.40,000/- (Rupees Forty Thousand only) with one solventsurety of the like amount to the satisfaction of the trial court for his regular 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 14:25:44 +05'30'