Madhya Pradesh High Court
Garibdas @ Rohan Mahant vs The State Of Madhya Pradesh on 29 June, 2021
Author: Akhil Kumar Srivastava
Bench: Akhil Kumar Srivastava
1 MCRC-27548-2021
The High Court Of Madhya Pradesh
MCRC-27548-2021
(GARIBDAS @ ROHAN MAHANT AND OTHERS Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 29-06-2021
Heard through Video Conferencing.
Shri Durgesh Singrore, learned counsel for the applicants.
Shri Ashish Patel, Panel Lawyer for the respondent/State.
Case diary is available with the Panel Lawyer.
This is Second bail application filed by the applicants under Section 439 of the Cr.P.C. for grant of bail, as they are in custody since 13.03.2019 in connection with Crime No.16/2019 registered at P.S. Motinala District Mandla for the offence punishable under sections 8/20 of NDPS Act.
Earlier application was dismissed as withdrawn vide order dated 15.11.2019.
As per case of the prosecution, the applicants were found in possession of 28 kg and 400 grams, the contraband substance (Ganja). On the basis of aforesaid offence has been registered against them.
Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the case. Nothing has been seized from the possession of the applicants. The police have not followed the mandatory prescribed under Section 50 of the N.D.P.S. Act. The applicants are in custody since 13.03.2019 and due to Covid-19, the conclusion of the trial would take time. The applicants have no criminal antecedents. Apart from this, he submits that in the identical circumstances this Court recently vide order dated 27.04.2021 has extended the benefit of bail to the concerned accused persons namely in the matter of Bablu Barela vs. State of M.P., in M.Cr.C. No.17147/2021, in the matter of Premsingh Barela vs. State of M.P. and others in M.Cr.C. No.17144/2021, and in the matter of Paarsingh vs. State of M.P. in M.Cr.C. No.19029/2021. In the Signature Not aforesaid cases, the concerned three accused persons were found in SAN Verified Digitally signed by PRASHANT BAGJILEWALE Date: 2021.06.30 16:57:08 IST 2 MCRC-27548-2021 possession of 21 Kg Ganja. The concerned applicants were in jail since 08.07.2020 and there is no criminal antecedents against the concerned applicants. Further in the case of T. Mani Kanta vs. State of M.P., this Court vide order dated 03.05.2021, has extended the benefit of bail to the concerned applicant in M.Cr.C. No.12625/2021. In the aforesaid case, 31 Kg Ganja was found from that applicant. The applicant was enlarged on bail considering the period of custody of the concerned applicant. In addition, he submits that this Court in the case of Kalyan Chakravarti vs. State of M.P. vide order dated 24.04.2021 in M.Cr.C. No.16514/2020, has granted bail to the concerned applicant. In the case of Kalyan Chakravarti (supra), the applicant was found in possession of 39 Kg contraband substance and he was taken into custody on 20.02.2020. He was enlarged on bail looking to the period of his custody so also on the ground of present Covid-19 Scenario. On the aforesaid grounds, learned counsel for the applicant has prayed that the applicants be released on bail.
Learned Panel Lawyer opposing the submissions made on behalf of the applicants and prayed for rejection of the bail application.
Considering rival contention of learned counsel for both the parties, entire record perused.
Keeping in view the entire facts and circumstances of the case, period of custody i.e. 13.03.2019, keeping in mind the concept of principle of party, as discussed above, so also the fact that conclusion of the trial would take time due to present scenario of Covid-19 and taking into consideration the fact that there is no criminal antecedents against the applicants hence, without commenting on the merits of the matter, the application is allowed. The applicants Garibdas @ Rohan Mahant and Dhanneshwar @ Raju Yadav are directed to be released on bail upon their furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One lacs) by each of the applicant with one surety bond in the like amount to the satisfaction of the concerned Court for their appearance before the trial Court on all such dates 3 MCRC-27548-2021 as may be fixed in this behalf by the trial Court during the pendency of trial.
The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Suo Moto Writ Petition(C) No. 1/2020 and ensure, that the Applicant is examined by the jail doctor before his release. If applicants show symptoms of COVID 19, the doctor shall forthwith direct him 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 their transportation from the jail till their place of residence.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicants will comply with all the terms and conditions of the bond executed by him;
2. The applicants will cooperate in the trial;
3. The applicants will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicants shall not commit any offence during the entire period of bail.
5. The applicants will not seek unnecessary adjournments during the trial;
6. The applicants will not leave India without previous permission of the trial Court;
7. The applicants shall inform the Court about their address and residence in case the applicant moves out from his permanent address for any point of time; and
8. The applicants shall not contact any of the other accused persons in this case in any manner whatsoever.
4 MCRC-27548-2021 This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for cancellation of bail granted today.
Certified Copy on payment of usual charges.
(AKHIL KUMAR SRIVASTAVA) JUDGE pb