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Judgment
This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.196/2020 registered at police station Industrial Area,
Jaora, district Ratlam for the offence punishable under section 34(2) of the M.P Excise Act.
As per prosecution case applicants were apprehended along with 60 bulk liters of country made illicit liquor from their joint possession during lock
down period.
Learned counsel for the applicants submits that applicants have not committed any offence and they have been falsely implicated in the offence. They
are in custody since 03.05.2020. The offence is triable by Magistrate. The investigation is complete and charge sheet has been filed. There is no
likelihood of early conclusion of the trial due to Covid-19 epidemic. He further submits that since the applicants were found selling/transporting the
illicit liquor during lock down period they are ready and willing to donate 250-250 masks and 10-10 liters of sanitizer to the Civil Hospital, Jaora in the
interest of the society for the use of para media staff, hence prays for release of the applicants on bail.
Prayer is opposed by the learned counsel for the respondent/State submits that the applicants were found selling/transporting the illicit liquor during
lock down period. He further submits that so far as applicant No.1 is concerned earlier he has been implicated in an offence punishable under section
302 IPC, however, he has been acquitted by the trial Court vide judgment dated 15.02.2020 passed in Sessions Trial No.385/2016.
Case-diary perused.
Taking into consideration the quantity of contraband alleged to have been recovered from the joint possession of the applicants coupled with the fact
that they are in custody since 03.05.2020, without commenting on the merit of the case, the application is allowed but with conditions. The applicants
are directed to be released on bail provided they shall donate 10-10 liters of sanitizer and 250-250 good quality masks to the Civil Hospital, Jaora for
the use of para-medical staff and upon each of them furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in
the like amount to the satisfaction of the trial Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the
trial Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
Before releasing the applicant from the custody the jail authorities are directed to medically examine them in order to rule out the possibility of COVID
-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.