Amarsingh vs The State Of Madhya Pradesh on 6 May, 2022

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Madhya Pradesh High Court

Amarsingh vs The State Of Madhya Pradesh on 6 May, 2022

Bench: Vijay Kumar Shukla

                                                                                 1
                                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                                         AT INDORE
                                                                              BEFORE
                                                             HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                          ON THE 6th OF MAY, 2022

                                                             MISC. CRIMINAL CASE No. 22257 of 2022

                                                       Between:-
                                            D          AMARSINGH S/O BHAGWAN GURJAR , AGED
                                                       ABOUT 50 YEARS, OCCUPATION: AGRICULTURE
                                                       R/O VILLAGE GANGAKHEDI TEHSIL BARWAH
                                                       DISTRICT KHARGONE (MADHYA PRADESH)

                                                                                                                 .....PETITIONER
                                                       (BY SHRI NILESH DAVE-ADVOCATE)

                                                       AND

                                                       THE STATE OF MADHYA PRADESH STATION
                                                       HOUSE OFFICER THROUGH POLICE STATION
                                                       BARWAH (MADHYA PRADESH)

                                                                                                                .....RESPONDENT
                                                       (BY SHRI VISHAL SANOTHIA-GOVT.ADVOCATE)

                                                   Th is application coming on for orders this day, the court passed the
                                            following:
                                                                                  ORDER

This is first application under section 439 Cr.P.C. arising out of crime No. 131/2022 registered at P.S. Barwah, district Khargone for the offence under sections 379 of IPC and sec. 53(1)(5) of M.P.Minor Minerals Rules, 1996.

It is alleged that on 12.3.2022, on receiving secret information police reached the spot and intercepted one tractor-trolly in which 5 tan sand was illegally transported. The applicant has been made accused being owner of the tractor- trolley.

Counsel for the applicant submits that offence under section 53(1)(5) of M.P. Minor Minerals Rules, 1996 is punishable only with fine. Applicant has no criminal record. He is in jail since 26.04.2022. Investigation is complete and chargesheet has been filed. In these circumstances, the applicant be released on bail.

Counsel for the State opposes the prayer for grant of bail.

Signature Not VerifiedDigitally signed by

Taking into consideration the aforesaid submission and the fact that SAN MUKTA CHANDRASHEKHA investigation is completed and chargesheet has been filed and further, there is no R KOUSHAL Date: 2022.05.06 17:30:57 IST criminal record of the applicant, I am of the view that the applicant is entitled for 2 grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that Applicant-Amarsingh shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his/her release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him/her to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his/her transportation from the jail till his/her place of residence.

It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.

C.c. as per rules.





                                                                                                       (VIJAY KUMAR SHUKLA)
                                                                                                               JUDGE
                                             MK




Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  MUKTA
                       CHANDRASHEKHA
                       R KOUSHAL
                       Date: 2022.05.06
                       17:30:57 IST

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