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Judgment
Rohit Arya, J
This is the first bail application under section 439 Cr.P.C., on behalf of the applicant seeking temporary bail due to marriage of grandson of the applicant which is scheduled on 27.11.2020.
The applicant is in jail since 25/10/2020 in connection with crime No.419/2020 for the offence punishable under section 34(2) of the Excise Act registered at Police Station Raoji Bazar, Indore district Indore.
As per prosecution story, the applicant was found in possession of 60 bulk liters liquor without any licence. Accordingly, case has been registered.
Learned counsel for the applicant submits that applicant is a widow and her young son has passed away on 8.9.2009. She is the only bread earner in the family and there is no male member to look after the family. Therefore in order to make arrangements and perform the important formalities for marriage, learned counsel prays for release of the applicant on temporary bail for a period of 20 days.
Learned Public Prosecutor submits that temporary bail if granted in the obtaining facts and circumstances may be subject to certain stringent conditions.
Learned counsel for the applicant undertakes that the applicant shall surrender immediately after expiry of the period and shall not commit any default, however, this Court may impose conditions deemed fit and proper.
After hearing learned counsel for the parties on the limited question of temporary bail, the applicant is hereby held entitled to be released on temporary bail w.e.f. 12.11.2020 to 29.11.2020 to attend the marriage ceremony of her grandson with the following conditions::
(i) on her furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety to the satisfaction of the Trial Court, on the condition that she shall surrender before the trial Court on 30.11.2020 for being taken into custody but not later than 05.00 pm, on the said date and any default in that behalf shall be viewed seriously by this Court;
(ii) the applicant shall not influence or tamper with the evidence in any manner whatsoever;
(iii) the trial Court shall send a copy of surrender certificate of the applicant immediately for retaining the same in the record of this case.
(iv) prosecution shall be free to apply for cancellation of bail in the event the applicant flouts any one of the conditions of the temporary bail granted; and
(v) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that she is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on temporary bail in terms of the conditions imposed in this order;
Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.
Application stands allowed and disposed of. E-certified copy as per rules.