Madhya Pradesh High Court
MCRC/49030/2020 of DEVENDRA SINGH Vs STATE OF M.P. on 31 December 2020
No.49030/2020 1 The High Court Of Madhya Pradesh Devendrasingh S/o
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M.Cr.C. No.49030/2020The High Court Of Madhya Pradesh Devendrasingh S/o Bhewarsingh Rajput vs. State of M.P.
-Indore : 31/12/2020 :
Shri Manish Yadav, learned counsel for the applicant.
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.365/2020 under Section 34(2) of M.P. Excise Act registeredat Police Station – Sunera, District-Shajapur and applicant is in custody since 23/11/2020.
2. According to the prosecution case, total 54 bulk liters ofillicit country made Liquor was seized from the possession ofthe present applicant, that too without having any license.
3. Learned counsel for the applicant submit that theapplicant is in custody since 23/11/2020 and meanwhile thereis no progress in trial and there is no possibility of resumptionof trial in near future. Investigation is complete and charge-sheet has been filed. There is no likelihood of early conclusionof the trial. He will not misuse the liberty of bail. He, therefore,prayed for grant of bail to the applicant.
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 possession of the applicant and in the facts andcircumstances of the case, without commenting on merits of M.Cr.C. No.49030/2020
The High Court Of Madhya Pradesh
Aiyer*
the case, the application is allowed. It is directed thatapplicant to be released on bail upon his furnishing a personalbond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only), with one solvent surety, in the like amount to thesatisfaction of trial Court for his appearance before the trialCourt on all such dates as may be fixed in this behalf by thetrial Court during the pendency of trial and shall also abide bythe conditions enumerated under Section 437 (3) of Cr.P.C.
6. Before releasing the applicant 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 15:28:20 +05'30'