Grant of bail based on custody and Covid-19 situation, with compliance directions upon release.

JUDGMENT

Mohd Fahim Anwar, J. - Case diary is available with the Penal Lawyer.

2. Heard.

3. This is first application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant who has been arrested i n connection with Crime No.551/2020, registered at Police Station Lalbag Distt. Burhanpur for the offences punishable under Section 34(2) of the M.P.Excise Act.

4. As per the prosecution story, the allegation against the applicant is that from his illegal possession 60 bulk liters of liquor was seized.

5. Learned counsel for the applicant has submitted that the applicant is innocent person. He is in custody since 22/09/2020. The trial will take a long time to conclude. It is further submitted that there is no likelihood of his absconding or tampering with the prosecution witnesses. Therefore, i t is prayed that the applicant be released on bail.

6. Learned counsel for State has opposed the application for grant of bail.

7. Considering the facts and circumstances o f the case and the fact that the applicant is in judicial custody since 22.9.2020 and also the exigency of Covid-19, this application is allowed.

8. It i s directed that t h e applicant shall be released on bail on his furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court. The applicant shall abide by the conditions as enumerated under Section 437(3) of the Cr.P.C. and in the event of breach of condition of bail, the trial Court will b e competent to take coercive action against the applicant.

9. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-

1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

2. The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3. If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

10. This M.Cr.C. stands allowed and disposed of.

11. C.C. as per rules.