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2020 Supreme(MP) 863
MADHYA PRADESH HIGH COURT (INDORE BENCH)
Shailendra Shukla, J.
Yashwant - Appellant
Versus
State Of M.P. - Respondent
Miscellaneous Criminal Case No. 35380 of 2020
Decided On : 24-09-2020
A.K. Saraswat, Advocate, Ayush Agrawal, Advocate
The court may grant bail based on the length of time the applicant has been in jail, their health condition, and the circumstances of the case.
Headnote:
Bail - M.P. Excise Act - Grant of bail to applicant Yashwant S/o Nanalal Rathore
Fact of the Case:
Applicant Yashwant S/o Nanalal Rathore is seeking bail under Section 439 of Cr.P.C. for the offence punishable under Section 34(2) of M. P. Excise Act. He has been in jail for more than nine months and has tested positive for Covid-19.
Finding of the Court:
The court, after considering the seizure of liquor, the applicant's time in jail, and his health condition, grants bail to the applicant with a personal bond of Rs.50,000 and one local surety, subject to his regular appearance before the Trial Court/Committal Court and abiding by the conditions under Section 437(3) of the Cr.P.C.
Issues: Grant of bail under Section 439 of Cr.P.C. for the offence punishable under Section 34(2) of M. P. Excise Act
Ratio Decidendi: The court considered the length of time the applicant has been in jail, his health condition, and the circumstances of the case to grant bail.
Final Decision: M.Cr.C. No.35380/2020 is allowed and stands disposed of with the grant of bail to the applicant.
JUDGMENT
Shailendra Shukla, J. - Heard. Perused the case diary.
2. This is third application under Section 439 of Cr.P.C. for grant of bail. Applicant Yashwant S/o Nanalal Rathore is implicated in Crime No.905/2019 registered at Police Station Jhabua for the offence punishable under Section 34(2) of M. P. Excise Act.
3. His first bail application was withdrawn vide order dated 26.02.2020 passed in MCRC No.3566/2020. His second bail application was allowed temporarily for a period of 60 days vide order dated 08.07.2020 passed in MCRC No.20506/2020.
4. Learned counsel for the applicant submits that applicant has surrendered on 07.09.2020 and is in jail since then. He has also submitted that applicant has been tested Covid-19 positive and he has filed the test report dated 22.09.2020 of applicant, which is placed on record. He further submits that applicant has completed 9 months & 23 days in jail and on this ground, bail has been sought.
5. Per contra, learned Public Prosecutor for the State was also heard who submits that case diary is not available. However, there is material for deciding this bail application.
6. Perusal of record shows that 889.920 bulk litres of liquor was seized from the possession of the applicant. It is undisputed that applicant is in jail since more than nine months and further that applicant is suffering from Covid-19 disease, which is a serious disease. This apart, counsel has filed deposition sheet of witness Sardar (PW-1), who has turned hostile and other witness Sanjay has been given up which is apparent from the order-sheet dated 07.02.2020, which is also placed on record.
7. On due consideration of the aforesaid, a case is made out for grant of bail to the applicant. Without commenting upon the merits of the case, this bail application is allowed and it is directed that applicant - Yashwant shall be released on bail subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one local surety to the satisfaction of the concerned Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.
8. A copy of this order be sent to the Court concerned for compliance.
9. M.Cr.C. No.35380/2020 is allowed and stands disposed of.
10. Certified copy as per rules.
