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MADHYA PRADESH HIGH COURT BENCH AT GWALIOR
G.S. Ahluwalia, J.
Brajendra @ Monu And Another - Appellants
Versus
State Of M.P. - Respondent
M.Cr.C. No. 13405 of 2020
Decided On : 20-05-2020
Bail - M.P. Excise Act - The court dismissed the bail application of the applicants who were arrested for possession of country-made liquor and violating Covid-19 guidelines.
Fact of the Case:
The applicants were arrested for possession of country-made liquor and violating Covid-19 guidelines.
Finding of the Court:
The court dismissed the bail application considering the allegations and the violation of Covid-19 guidelines by the applicants.
Issues: Bail application under Section 439 of Cr.P.C.
Ratio Decidendi: The court considered the allegations and the violation of Covid-19 guidelines in dismissing the bail application.
Final Decision: The bail application was dismissed with liberty to file a fresh application after the lockdown is completely lifted.
JUDGMENT
1. This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
2. The applicants have been arrested on 27-4-2020 in connection with Crime No.55/2020 registered at Police Station Crime Branch Distt. Gwalior for offence under Section 34(2) of M.P. Excise Act.
3. It is submitted by the Counsel for the applicants, that the applicants have been falsely implicated. In fact, they had gone to distribute food to the helpless persons, but the police has falsely shown the recovery of 38 boxes of Country Made Liquor.
4. Per contra , the application is vehemently opposed by the Counsel for the State. It is submitted that not only a huge quantity of country made liquor was seized from the possession of the applicants, but they had also violated the guidelines issued by the Central Govt./State Govt./Local Administration for combating the Covid 19 Pandemic.
5. Considering the allegations, coupled with the fact that the applicants Brajendra @ Monu and Devendra have also violated the guidelines issued by the Central Govt./State Govt./Local Administration for combating Covid 19 Pandemic, the Counsel for the applicants seek permission of this Court to withdraw the application, with liberty to file a fresh application after the lockdown is completely lifted.
6. The application is accordingly dismissed with aforesaid liberty.
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