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Judgment
B. K. Shrivastava, J
Arguments heard on the application filed under Section 439 of Cr.P.C. on 03.11.2020 on behalf of applicant Sheikh Firoj who is confined in custody since 17/10/2020 in connection with Crime No. 853/2020 registered at Police Station Shahpur, District Burhanpur for offence punishable under Section 34 (2) of M.P. Excise Act.
It is submitted by learned counsel for the applicant that as per para 8 of the impugned order dated 20/10/2020 passed by the II Additional Sessions Judge, Burhanpur, another case of Crime No. 836/2020 was registered. Due to that case, the police prepared the false case against the present applicant.
On the other side, the State opposed the application. It is pointed out by the State that previously five criminal cases have been registered against the applicant, therefore, he should not be enlarged on bail.
It appears from the record that in this case, total 70 litres of local made liquor made from Mahua was seized from the possession of the applicant. Five cases are registered against the applicant, out of them, two cases registered are under Section 13 of the Gambling Act, one case is under Section 4 (ka) of the Gambling Act and two cases are related to Section 294, 323 and 506 of I.P.C. Under the Excise Act, this is the first case registered against the applicant. After 2013, any new case has not been registered against the applicant except this case.
Therefore, looking to the overall circumstances of the case, quantity seized, age of the applicant and the present situation arising out from Covid-19, without commenting on the merits, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing a bail bond worth Rs. 30,000/- (Rupees Thirty Thousand only) and a personal
It is directed that the applicant shall abide by the conditions as enumerated under section 437(3) of the Cr.P.C.
At the time of releasing from custody, all the instructions issued by the Government related to Covid-19 shall also be followed by the concerned authority.
This application stands allowed.
C. C. as per rules.