RAJU DUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, this application has been heard and decided through video conferencing, to maintain social distancing. The necessary parties have effectively been represented by their respective counsels through video conferencing. The Applicants are accused in Crime No. 68/20 registered at P.S. Parasiya, District Chhindwara, under section 34(2) of the M.P. Excise Act, 1915. The present application has been filed by the Applicants herein who are in judicial custody since 08/02/2020 in the case.

(2.) The Applicants No.1 and 2 were apprehended carrying 55 litres of Mahua without authorisation. The Applicant No. 3 is the owner of the two-wheeler, in which the illicit liquor was being transported. Lerner counsel for the State, while opposing bail application, has submitted that it is essential to send a strong message to the society so that such offences are not committed and those proposing to commit such offences, are deterred from doing so. The Ld. Counsel for the State has also fairly stated that there are no previous antecedents against the Applicants No. 1and 2, and as regards the Applicant No.3, no information is forthcoming in the case diary.

(3.) Looking at the facts and circumstances of the case and that the Applicants have been in judicial custody since 08/02/2020, and looking at the quantity of alcohol that has been seized from them, coupled with the fact that the Applicants do not have any previous antecedents, this court is inclined to grant bail. Under the circumstances bail is granted subject to furnishing a personal bond of Rs. 50,000 and one surety to the like amount, subject to the satisfaction of the Ld. Court below. Once the learned court below is satisfied, as regards the bail bonds, the jail authorities shall comply with the directions given by the Supreme Court with regard to release of under trials from jail by ensuring that they are first examined by the jail doctor and if they show any symptoms of COVID 19, refer them to such hospital designated by the State and the said hospital, thereafter shall follow the protocol laid down by the State, with regard to the Applicants. The State shall also comply with the directions of the Supreme Court passed in Writ Petition No.1/2020 about the transportation of such prisoners from the jail to their place of residence. With the above the application is finally disposed of. A typed copy of this order is being forwarded to the Office of the Advocate General and to Mr. Rajeshwar Rao, Ld. Govt. Advocate, on their respective 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.