Madhya Pradesh High Court
Gaurishankar @ Golu vs The State Of Madhya Pradesh on 9 November, 2020
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-23844-2020
The High Court Of Madhya Pradesh
MCRC-23844-2020
(GAURISHANKAR @ GOLU Vs THE STATE OF MADHYA PRADESH)
6
Indore, Dated : 09-11-2020
Shri M.A. Bohra, learned counsel for the applicant.
Shri Rajwardhan Gawde, learned Panel Lawyer for the
respondent/State.
Heard through video conferencing.
This is the second repeat bail application under Section 439 of the Criminal Procedure Code, 1973. The first application was dismissed as withdrawn vide order dated 04.06.2020 passed in MCRC No.15713/2020 with liberty to revive this prayer after six weeks. The applicant is in jail since 13.05.2020 in connection with Crime No.211/2020 registered at P.S., Jeerapur, District Rajgarh (Biaora) for offence punishable under Section 8/21 of NDPS Act.
As per prosecution story, the applicant was found in possession of 30 gm. smack (25 gm is minimum and 250gm. is Commercial quantity) unauthorizedly and illegally. Accordingly, the case has been registered against the 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. The applicant has no criminal antecedents. No further custodial investigation is required. The applicant has already suffered jail incarceration since 13.05.2020. Due to his jail incarceration, his family is in penury. Due 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 with the submission that the 2 MCRC-23844-2020 applicant's parents have a criminal antecedent registered in the year 2017, however, there is no criminal antecedents against the applicant.
Learned counsel for the applicant in response states that the mother of the applicant - Sangita had filed a complaint against the false implication addressed to the Superintendent of Police, Rajgarh (Biaora), copy annexed. Learned counsel further submits that she has been enlarged on bail in the aforesaid offence registered in the year 2017.
At this stage, on instructions, learned counsel for the applicant, submits that the applicant has done introspection in the wake of social and economic crisis due to Covid-19 Pandemic in the country volunteers to deposit a sum of Rs.25,000/- (Rs.Twenty Five Thousand only) in the office of Collector
- Rajgarh (Biaora) 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 and around District Rajgarh 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. However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of applicant on bail.
Upon hearing learned counsel for the parties and in the obtaining facts and circumstances but, without touching on merits of the contentions so advanced, regard being had to the fact that the applicant has no criminal antecedents, he is in jail since 13.05.2020 and not required for further custodial interrogation, he 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 his furnishing personal bond in the sum of Rs.5,00,000/- (Rupees Five Lakh only) with one solvent surety in the like amount to the satisfaction of the 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 3 MCRC-23844-2020 Code, 1973 with following further conditions:
(i) the applicant shall prepare a demand draft for Rs.25,000/-
(Rs.Twenty Five Thousand only) in the office of Collector Rajgarh (Biaora) 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 District Rajgarh 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 same shall have no bearing on merits of the trial but for enlargement of the applicant on bail.
(i i )(a) the applicant shall submit the aforesaid 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) The Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is relation to the present case.
(i i )(c) a s and when directed the Principal Registrar shall s e e k instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.
(iii) the said authority is at its discretion to utilize the amount s o 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 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);
( v) the applicant shall mark his presence before the concerned concerned Police Station on every 2nd and 4th Saturday of every 4 MCRC-23844-2020 month between 10.00 AM to 12.00 Noon.
( vi ) the applicant shall not tamper with the evidence in any whatsoever manner or induce or threat any person acquainted with the facts of the case;
(vii) the applicant shall co-operate during trial and will not seek unnecessary adjournments during trial;
(viii) the concerned jail authorities are directed that before releasing the applicants, the medical examination of the applicants be conducted through the jail doctor and if it is prima facie found that they are having any symptoms of COVID-19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately. If not, the applicants shall be released on bail in terms of the conditions imposed in this order;
(ix) 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.
E-certified copy as per rules.
(ROHIT ARYA) JUDGE Vibha Vibha Pachori 2020.11.10 10:51:43 +05'30'