Madhya Pradesh High Court
Dhannulal Ahirwar vs The State Of M.P. on 29 September, 2020
Author: Vishnu Pratap Singh Chauhan
Bench: Vishnu Pratap Singh Chauhan
1 MCRC-30858-2020
The High Court Of Madhya Pradesh
MCRC-30858-2020
(DHANNULAL AHIRWAR AND OTHERS Vs THE STATE OF M.P.)
Jabalpur, Dated : 29-09-2020
Heard through Video Conferencing.
Shri B.D. Singh, learned counsel for the applicants.
Shri Sanjeev Singh Parihar, learned Panel Lawyer for the
respondent/State.
Heard on this first bail application under Section 439 of Cr.P.C. filed on behalf of the applicants.
T h e applicants are in jail in connection with Crime No.220/2020 registered at Police Station Obedullaganj, District Raisen, for commission of offence punishable under Section 34(2) of the M.P. Excise Act.
The case of the prosecution against the applicants, in short, is that, the applicants were apprehended with 56.55 bulk liters of country made liquor, without having any license or authority.
Learned counsel for the applicants submits that applicants have falsely been implicated in this case. After investigation charge-sheet has been filed.
Trial of the case has been held up due to Covid-19 pandemic. The applicants are in judicial custody since 10.08.2020 and conclusion of the trial will take considerable time, therefore, it has been prayed that the applicants may be released on bail.
Learned Panel Lawyer for the respondent/State, on the other hand, has opposed the application and submits that applicants are having criminal antecedent and prayed to dismiss this application.
Heard learned counsel for the parties and perused the record. No d o ub t applicants are having criminal past, but none of the cases were registered under the M.P. Excise Act, the past cases were with regard to theft and marpeet.
In these circumstances, it cannot be said that the applicants are habitual Signature Not SAN Verified in dealing with the illegal possession and transportation of liquor. Considering Digitally signed by SWETA SAHU Date: 2020.09.29 14:38:15 IST 2 MCRC-30858-2020 the above facts and also considering the present situation of widespread of Novel Covid-19 pandemic, this court is inclined to release the applicants on bail.
Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicants-Dhannulal Ahirwar and Rahul Kokate, stands allowed.
It is directed that the applicants shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety in the like amount to the satisfaction of the trial Court for their appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
J a il authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicants.
Certified copy as per rules.
(VISHNU PRATAP SINGH CHAUHAN)
JUDGE
ss
Signature
SAN Not
Verified
Digitally signed by
SWETA SAHU
Date: 2020.09.29
14:38:15 IST