Jaswantsingh@Mukeshsingh vs State Of M.P. on 2 November, 2020

[Cites 4, Cited by 1]

Madhya Pradesh High Court

Jaswantsingh@Mukeshsingh vs State Of M.P. on 2 November, 2020

This is the first bail application under Section 439 of the Criminal Procedure Code, 1973 filed on behalf of the applicant. The applicant is in jail since 20.06.2020 in connection with Crime No.35/2020 registered at P.S., Narcotic Cell Indore, Circle Mandsaur for offence punishable under Sections 8/18 NDPS Act.

As per prosecution story, the applicant was found to be in possession of 1 kg of opium without any license. Accordingly, case has been registered against the present applicant.

Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated. Investigation is complete and the challan has been filed. No further custodial investigation is required. The applicant is in custody since 20.06.2020. Applicant is the sole bread earner and due to his jail incarceration, the family is in penury.Looking to prevailing Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances the prayer for grant of bail may be considered on such terms and conditions as this Court deems fit and proper.

Per contra, learned Panel Lawyer for the respondent opposes the bail application supporting the order impugned. However, he fairly submits that applicant has no criminal antecedents.

At this stage, on instructions learned counsel for the applicant submits that applicant has done introspection in the wake of social and economic crisis due to Covid-19 Pandemic in the country and volunteers to deposit an amount of Rs.35,000/- (Rupees Thirty Five Thousand only) in the office of Zila Balsanrakshan Samiti, Distt. Mandsaur [Bank of India Account No 2 MCRC-33329-2020 912910210000074 IFSC Code BKID0009129] to be utilized for providing clothing, food and other essential amenities required for the orphans living in orphanages including physically challenged persons etc in the district under the surveillance of Collector Distt. Mandsaur. The Collector is also at discretion to utilize the said amount for such persons who have lost their means of livelihood during the pandemic including sufferers of pandemic Covid-19 in the district. The aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of the applicant on bail.

This Court appreciates the gesture shown by learned counsel for the applicant.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that the applicant who has no criminal antecedents is in jail since 20.06.2020, investigation is complete and chargsheet has been filed, he is not required for custodial interrogation and due to Covid-19 pandemic, the possibility of delay in conclusion of trial cannot be ruled out. Hence, 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. 1,50,000/- (Rupees one lakh fifty thousand only) with one solvent surety 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 during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall prepare a demand draft for Rs.35,000/-

(Rupees Thirty Five Thousand only) of any Zila Balsanrakshan Samiti, Distt. Mandsaur [Bank of India Account No 912910210000074 IFSC Code BKID0009129]for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old 3 MCRC-33329-2020 age people living in old age homes or orphans living in orphanage in the city of Indore in dire need of such amenities/facilities and such old age homes and also to such persons who have lost their means of livelihood during the pandemic Covid-19 and the amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicant.

(ii) (a) the applicant shall submit the original demand draft 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, Mandsaur is also directed to maintain a separate account (for production of the record as and when directed for).

(iv) the applicant shall submit an attested photocopy of the receipt before the Principal Registrar of this Bench, for placing the same on record of this case. The Principal Registrar shall produce the same as and when required by this Court in the form of PUD.

(v) the applicant shall mark his attendance before the concerend police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.

(vi) the applicant shall 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 time-to-time i n the 4 MCRC-33329-2020 matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(vii) 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;

(viii) on violation of conditions, State is free to apply for cancellation of bail.

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.

Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.

E-certified copy as per rules.

(ROHIT ARYA) JUDGE sh SEHA Digitally signed by SEHAR HASEEN R DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, HASE 2.5.4.20=900ec6fc757798eaeb3d f7a32860bd3298415a4d1c2d914 36213f2568c8f27da, serialNumber=e7dbba955b262c 04b8413251ce7fb6f0b7dba610c 57f1559c08bf6c6f5dd40d4, EN cn=SEHAR HASEEN Date: 2020.11.03 12:41:10 +05'30'

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Madhya Pradesh High Court