High CourtsSingle Bench(2020) 12 MP CK 0220

Rohit Tiwari vs State Of M.P

Madhya Pradesh High Court · Decided on 31 December 2020

HON’BLE JUDGES
Atul Sreedharan, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.53351 Of 2020

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Judgment

14 paragraphs · 253 words

Atul Sreedharan, J

This application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to applicant Rohit Tiwari in connection with

Crime No.433/2020 for an offence punishable under section 34(2) of the M. P. Excise Act registered at Police Station Saman, district Rewa.

The applicant herein is in judicial custody since 8.12.2020 and the charge-sheet has been filed in the aforementioned case. The allegation against him

is that from his possession 54 bulk litres of alcohol was seized without licence.

While opposing the application for grant of bail, learned counsel for the State has submitted that in the police tip, accompanying the case diary, no

previous antecedents of the applicant are given.

Under the circumstances, looking at the small quantity of alcohol seized from the applicant herein and as the charge-sheet has been filed, the

application is allowed. It is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial court.

The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the Novel Corona Virus (COVID-19)

disease and if he is, he shall be sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of

residence by the jail authorities.

Certified copy as per rules.