Madhya Pradesh High Court
Gyansingh Meena vs The State Of Madhya Pradesh on 31 March, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-13787-2021
The High Court Of Madhya Pradesh
MCRC-13787-2021
(GYANSINGH MEENA Vs THE STATE OF MADHYA PRADESH)
1
Indore, Dated : 31-03-2021
Shri K.K.Tiwari, counsel for the applicant.
Shri R.K.Shastri, Panel Lawyer for the respondent/State.
This is the first application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant who is in custody since 8.2.2021 in connection with Crime No.48/2021 registered at Police Station Narsinghgarh, District Rajgarh for the offence punishable under Section 34(2) of the M.P. Excise Act.
As per the prosecution case, the applicant was found in possession of 80 bulk liters liquor without any license. Accordingly, the case has been registered.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present crime. He has no criminal antecedents. He is not required for further custodial interrogation. Applicant is sole bread earner of his family. He is in jail since 8.2.2021 and because of his jail incarceration, his family is at the verge of starvation. Besides, looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.
Per contra, learned Panel Lawyer for the respondent/State opposes the bail application supporting the order impugned.
At this stage, learned counsel for applicant graciously and voluntarily submits that looking to grave critical social economic condition of poor persons living in old age homes, Vidhwa Ashrama or orphans living in orphanage, the applicant is ready to deposit Rs.35,000/- (Rs.Thirty Five Thousand only) in the office of Collector, Rajgarh for the purpose of providing basic amenities required for old age people living in old age homes Digitally signed by SMT MUKTA KOUSHAL Date: 01/04/2021 10:43:32 2 MCRC-13787-2021 o r orphans living in the city of Rajgarh 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.
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 is in jail since 8.2.2021 having no criminal antecedents, not required for custodial interrogation and the possibility of delay in conclusion of trial cannot be ruled out, he is held entitled for enlargement on bail.
Consequently, the application of the applicant filed under Section 439 Cr.P.C. is hereby allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,50,000/- (Rs. One Lac and 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 t h e conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:
(i) the applicant shall prepare a demand draft of Rs.35,000/-
(Rs.Thirty Five Thousand only) in the office of Collector, Rajgarh for the purpose of providing basic amenities required for old age people living in old age homes or orphans living in the city of Rajgarh in dire need of such amenities/facilities 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 aforesaid original demand draft along with 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 Digitally signed by SMT MUKTA KOUSHAL Date: 01/04/2021 10:43:32 3 MCRC-13787-2021 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, Rajgarh 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 of every month between 10.00 am 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 time to time in the matter of 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 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.
(viiii) 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.
Digitally signed by SMT MUKTA KOUSHAL Date: 01/04/2021 10:43:324 MCRC-13787-2021 Observation on facts are only for the purpose of deciding the instant bail application and shall have no bearing on the pending trial, in any manner, whatsoever.
E-Certified copy as per rules.
(ROHIT ARYA) JUDGE MK Digitally signed by SMT MUKTA KOUSHAL Date: 01/04/2021 10:43:32