Madhya Pradesh High Court
Samresh Patel @ Biggu vs The State Of Madhya Pradesh on 1 December, 2020
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-34570-2020
The High Court Of Madhya Pradesh
MCRC-34570-2020
(SAMRESH PATEL @ BIGGU Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 01-12-2020
Heard through Video Conferencing.
Shri Brijesh Kumar Mishra, Advocate for the applicant.
Shri Brijendra Singh Kushwaha, P.L. for the respondent-State.
This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure. The applicant is in custody since 30.8.2020, in connection with Crime No.686/2020 registered at Police Station Kotwali, District Shahdol (M.P.) for the offence punishable under Section 8/20-A N.D.P.S. Act, 1985.
As per prosecution case, on 30.8.2020, 5 Kg. contraband (Ganja) has been seized from the possession of the present applicant. Thereafter, the aforesaid offence has been registered against the present applicant.
Learned counsel for the applicant submits that the accused/applicant has been falsely implicated in this case. Applicant is in jail since 30.8.2020. There is no previous criminal antecedent against the applicant. Mandatory provision of NDPS Act is not complied with. Charge sheet has been filed. It is the time of COVID-19, therefore, further proceedings in the trial Court is withheld and conclusion of trial will take time for its final disposal. There is no probability of his absconding or tampering with the prosecution evidence. The accused/ applicant ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Per-contra, learned Panel Lawyer opposes the bail application. Considering the contentions of both the parties and the fact that accused/applicant has no previous criminal antecedent, so there is no probability to repeat the offence. the applicant is in jail since 30.8.2020, charge sheet has been filed, accused/applicant is bread earner of his family, it is the time of COVID-19 Pandemic due to which further proceedings in the 2 MCRC-34570-2020 trial Court is withheld so conclusion of trial will take time for its final disposal, there is no probability of his absconding or tampering with the prosecution evidence, it would not be appropriate to keep the applicant in jail during whole the trial, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant-Samresh Patel @ Biggu be released on bail on his furnishing bail bond in the sum of Rs.1,00,000/-(Rupees One Lac only) with two sureties of Rs. 50,000/- each to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the concerned Court.
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 trial;
3. The applicant 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 Officers;
4. The applicant shall not commit any offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the Court.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to 3 MCRC-34570-2020 the jail authority :-
1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.
2. The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3 . If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
Certified copy as per rules.
M.Cr.C. is disposed of.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE MISHRA ARVIND KUMAR MISHRA 2020.12.01 16:31:27 +05'30'