Madhya Pradesh High Court
Subhash Jain vs The State Of Madhya Pradesh on 4 March, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
THE HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
MCRC-11032-2021
(Subhash Jain Vs. State of M.P.)
Gwalior, Dated : 04/03/2021
Heard Through Video Conferencing.
Shri R.B.S. Tomar, learned counsel for the applicant.
Shri Vishwanath Singh Tomar, learned Panel Lawyer for
the respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application under Section 439 of the Cr.P.C. for grant of bail. The applicant has been arrested on 10/02/2021 by Police Station- Ambah, District- Morena in connection with Crime No.130/2021 registered in relation to the offences punishable under Sections 269, 272, 273 and 420 of the IPC.
Allegations against the applicant, in short, are that the applicant was found transporting the material i.e. 15 bags containing 25 kg. each of Deepak Brand Maltodextrin powder and six tins Palm oil etc. in his vehicle. On the basis of the aforesaid, crime has been registered against the applicant.
Learned counsel for the applicant submits that applicant is aged about 60 years who has no criminal past alleged against him and he has been falsely implicated in the case. Applicant is 2 THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-11032-2021 (Subhash Jain Vs. State of M.P.) in custody since 10/02/2021. Investigation is pending. It is further submitted by the learned counsel for the applicant that the offence under Section 420 of IPC is not made out since he has not cheated any individual person. Moreover, the act of the applicant is only for transporting the aforesaid materials but he was not present in the said vehicle. Other offences are bailable in nature. Applicant is a permanent resident of District- Morena and there is no likelihood of his absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.
Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the 3 THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-11032-2021 (Subhash Jain Vs. State of M.P.) benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties each of Rs.50,000/- to the satisfaction of the trial Court for his appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in 4 THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-11032-2021 (Subhash Jain Vs. State of M.P.) extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant will not seek unnecessary adjournments during the trial; and
5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
6. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.
A copy of this order be sent to the trial Court concerned for necessary compliance.
Certified copy as per rules.
(S.A. Dharmadhikari) Judge rahul RAHUL SINGH PARIHAR 2021.03.05 16:03:28 +05'00'