Madhya Pradesh High Court
Kamalsingh vs The State Of Madhya Pradesh on 14 July, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-29522-2021
The High Court Of Madhya Pradesh
MCRC-29522-2021
(KAMALSINGH Vs THE STATE OF MADHYA PRADESH)
3
Indore, Dated : 14-07-2021
Shri Nilesh Dave, learned counsel for the applicant.
Shri Neeraj Gaur, learned Panel lawyer for the respondent-State.
Heard through Video Conferencing.
This is second repeat bail application under Section 439 Cr.P.C. filed on behalf of the applicant. His first application was dismissed as withdrawn vide order dated 26.03.2021 passed in MCRC No.10769/2021. The applicant is in custody since 03.11.2020 in connection with Crime No.156/2018 registered at P.S., Baghana, District- Neemuch for the offence punishable under Section 8/15 of NDPS Act.
A s per prosecution story, applicant alongwith other co-accused persons were found to be in possession of 75 kg of poppy straw without any license. Accordingly, case has been registered against the applicant.
Investigation is complete and charge-sheet has been filed. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the offence. Investigation is complete. Challan has been filed. Applicant is in custody since 03.11.2020 and he is no more required for custodial interrogation. He further submits that the said contraband was seized from the possession of main accused - Krishnapal Singh and the applicant has been implicated in the case on the basis of memo of Krishnapal Singh recorded under Section 27 of the Evidence Act. Co- accused persons; Mukesh, Raju and Kamal Singh have been granted bail by this Court vide order dated 18.09.2019, 18.09.2019 and 11.11.2019 passed in MCRC No.30994/2019, 34975/2019 and 40656/2019. Moreso, looking to prevailing Covid-19 situation, trial is not likely to conclude early in the near future. Hence, under such circumstances, the applicant may be enlarged on Signature Not Verified SAN bail on such terms and conditions this Court deems fit and proper.
Digitally signed by VIBHA PACHORI Date: 2021.07.15 10:53:32 IST2 MCRC-29522-2021 P e r contra, learned Panel Lawyer opposes the bail application supporting the order impugned with the submission that there are five criminal antecedents against the applicant.
A t this stage, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to grave critical social economic condition of poor persons living in old age homes, Vidhwas in vidhwa ashrams or orphans living in orphanage and due to outbreak of Covid-19 Pandemic, the applicant is prepared to deposit a sum of Rs.50,000/- (Rupees fifty Thousand only) in the office of Jila Bal Sanrakshan Samiti, Neemuch (State Bank of India Account No.031854494225 IFSC Code SBIN0030055) for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas in vidhwa aashrams and orphans living in orphanage and also to sufferers of Covid-19 pandemic in the city of Neemuch in dire need of such amenities/facilities. However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of applicant on bail.
Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that the applicant is in jail since 03.11.2020. Investigation is complete and chargsheet has been filed. Moreso, due to Covid-19 Pandemic, the possibility of delay in conclusion of trial cannot be ruled out. Hence, maintaining parity with the co-accused Kishanlal (supra), applicant is held entitled for enlargement on bail.
Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.150,000/- (Rupees One Lakhs and Fifty Thousand only) with one solvent sureties in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned Signature Not Verified SAN during trial and also comply with the conditions enumerated under Section Digitally signed by VIBHA PACHORI Date: 2021.07.15 10:53:32 IST 3 MCRC-29522-2021 437 (3) of Criminal Procedure Code, 1973 with following further conditions:
(i) the applicant shall prepare a demand draft for Rs.50,000/-
(Rupees fifty Thousand only) in favour of Jila Bal Sanrakshan Samiti, Neemuch (State Bank of India Account No.031854494225 IFSC Code SBIN0030055) of any nationalized bank for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes or orphans living in orphanage in the city of Neemuch in dire need of such amenities/facilities and such old age homes and also to sufferers of Covid- 19 Pandemic and the same shall have no bearing on merits of the trial but for enlargement of the applicant on bail.
(ii) (a) the applicant shall submit the original demand drafts alongwith copy of the order passed today through his counsel before the Principal Registrar of this Bench, for keeping the same in his safe custody.
(ii) (b) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.
(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in relation to the present case.
(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Neemuch is also directed to maintain a separate account (for production of the record as and when directed for).
(iv) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.
(v) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of Signature Not Verified SAN Digitally signed by VIBHA PACHORI Date: 2021.07.15 10:53:32 IST 4 MCRC-29522-2021 maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(vi) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order.
(vii) in the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail granted to the applicant.
(viii) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically.
Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police station for information and necessary action.
E-certified copy as per rules.
(ROHIT ARYA) JUDGE Vibha Signature Not Verified SAN Digitally signed by VIBHA PACHORI Date: 2021.07.15 10:53:32 IST