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Judgment
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.132/2021registered at Police
Station Excise Circle, Maheshwar, Distt. Khargone (M.P.) under Section 34(2) of M.P. Excise Act.
It is alleged that from the possession of the applicant 135 bulk litre illicit liquor has been seized.
Counsel for applicant submits that the applicant is in jail since 17/12/2021 and the charge sheet has been filed.
Counsel for State has opposed the prayer for grant of bail on the ground that there is one criminal case registered against the applicant.
However, taking into consideration the fact that the investigation has already been completed and the charge sheet has been filed, I am of the view
that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
It is directed that Applicant shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one
surety of the like amount to the satisfaction of the Ld. Court below.
The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19
VIRUS IN PRISONS in SUO MOTU ""W.P. (C) 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 his place of residence.
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.