Madhya Pradesh High Court
Narayan @ Naharsingh @ Nahariya vs The State Of Madhya Pradesh on 21 February, 2022
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 21st OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 8388 of 2022
Between:-
NARAYAN @ NAHARSINGH @ NAHARIYA S/O
MADANLAL BAGRI , AGED ABOUT 27 YEARS,
OCCUPATION: LABOUR GRAM JGOTI, TEHSIL
MAHIDPUR, DIST. UJJAIN (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SACHIN PARMAR, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
RAGHVI, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI GOVIND PUROHIT, GA)
This application coming on for order this day, the court passed the
following:
ORDER
This is first application filed under section 439 of the Cr.P.C in crime no.13/2022 registered at police station Raghvi, Ujjain under section 49(A) of the Excise Act.
It is alleged that 5 liters of spurious liquor has been seized from the possession of the applicant.
Learned counsel for the applicant submits that there is no material to indicated that the aforesaid seized liquor is spurious. Further, it is submitted that the applicant is in jail since 12.01.2022 and the investigation has been completed and charge sheet has been filed.
Considering the aforesaid submission that there is no material to indicate that the seized liquor is spurious in nature and further investigation is over and charge sheet has been filed, I find prima facie case is made out for grant of bail. Therefore, without expressing any view on the merits of the case, the application is Signature Not VerifiedDigitally signed by SAN SOURABH YADAV Date: 2022.02.21 allowed.
17:12:49 IST It is directed that applicant shall be released from custody upon furnishing a 2 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.
A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.
(VIJAY KUMAR SHUKLA)
JUDGE
Sourabh
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SOURABH YADAV
Date: 2022.02.21
17:12:49 IST