Sheikh Roshan vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.485/2020 registered at Police

Station Ganpatinaka, District Burhanpur (M.P.) under Section 34(2) of the M.P. Excise Act. The applicant is in jail since 12.10.2020.

It is alleged that 60 bulk litres of country made liquor has been seized from the possession of the applicant.

Learned counsel for the State, on query, submits that there are three cases under Section 34A registered against the applicant.

Learned counsel for the applicant submits that aforesaid cases, after imposition of fine, have already been decided.

Considering the aforesaid submissions and taking into consideration the alleged quantity of liquor seized from the possession of applicant, I am of the

view that the applicant is entitled for grant of bail.

It is directed that Applicant- Sheikh Roshan shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand

Only) with one surety each of the like amount to the satisfaction of the learned Court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Writ Petition No. 1/2020 and ensure

that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct

him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion

that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till their place of residence.

With the above the application is finally disposed of.

It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled

automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the Advocate General, on its email address, for intimation to the Police Station

concerned. The office is requested to forward a copy of this order to the learned Court below.

Certified copy as per rules.