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[Cites 2, Cited by 2]

Madhya Pradesh High Court

Kailash Dheemar vs The State Of Madhya Pradesh on 8 June, 2020

Author: Atul Sreedharan

Bench: Atul Sreedharan

                                                                    1                           MCRC-14264-2020
                                          The High Court Of Madhya Pradesh
                                                    MCRC-14264-2020

(KAILASH DHEEMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH) 2 Jabalpur, Dated : 08-06-2020 (Through Vedio Conferencing) Mr. Sushil Kumar Mishra, learned counsel for the applicant. Mr. Puneet Shroti, learned Panel Lawyer for the State. The applicant is in judicial custody since 10.05.2020 in connection with Crime No.149/2020 registered at Police Station Mohangarh, Distt. Tikamgarh for offence under Section 34(2) of the Excise Act.

Learned counsel for the State while opposing the application for grant of bail, has submitted that the applicant No.1 Kailash Dheemar has one similar case of the year 2000. As regards applicant No.2, learned counsel for the State submits that the applicant No.2 is a young person and if he is released on bail, he may commit other offences of similar nature.

Learned counsel for the applicant on the other hand has submitted that the total amount of alcohol seized from the applicant is only 60 bulk litres and they have been in judicial custody since 10.05.2020.

Looking at the small quantity of alcohol that has been seized and the fact that the applicant No.1's earlier case is of the year 2000 and that applicant No.2 does not have any antecedents, the application is allowed and it is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand each) with a surety bond each in the like amount Signature Not Verified SAN to the satisfaction of the trial Court.

Digitally signed by ASHISH DATTA Date: 2020.06.08 15:39:08 IST

2 MCRC-14264-2020 The applicants before being released from Jail, shall be checked by the Jail doctor to see if they are afflicted with the Corona virus. If they are afflicted with the Corona virus disease, they shall be taken to the nearest hospital designated by the State for treatment. If they are found to be normal, the Jail authorities shall transport them to the place of their residence.

C.C. as per rules.

(ATUL SREEDHARAN) JUDGE a