Madhya Pradesh High Court
Suresh Ahirwar vs The State Of Madhya Pradesh on 13 May, 2021
Author: Vishal Mishra
Bench: Vishal Mishra
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The High Court Of Madhya Pradesh
MCRC-23282-2021
(SURESH AHIRWAR Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 13.05.2021
Shri Vipin Babu Sharma, learned counsel for the applicant.
Shri Rajeev Upadhyay, learned Public Prosecutor, for the State.
Learned counsel for the rival parties are heard through Video
Conferencing.
This is second bail application u/S.439 Cr.P.C. filed by the
applicant for grant of bail. First bail application M.Cr.C.No.18314/21
dated 07.04.2021 was dismissed as withdrawn with a liberty to repeat
the same after obtaining the FSL report with respect to liquor.
Applicant has been arrested on 23.02.2021 by Police Station
Kurwai, District Vidisha(M.P.) in connection with Crime No.69/2021
registered in relation to the offence punishable u/Ss 49(A) of M.P.
Excise Act.
It is stated that the applicant has been falsely implicated in the
case. He has not committed any offence in any manner. The
prosecution has shown a recovery of illegal liquor in a plastic can
from the possession of the applicant. Charge-sheet has been filed on
05.03.2021. He is in custody since 23.02.2021. Applicant is the first
offender. He is ready to abide by all the terms and conditions that may
be imposed by this Court while considering his bail application.
Per contra, counsel for the State has opposed the application
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The High Court Of Madhya Pradesh
MCRC-23282-2021
(SURESH AHIRWAR Vs THE STATE OF MADHYA PRADESH)
stating that FSL report is not received till date. But he has not
disputed the fact that applicant is the first offender as per the case
diary.
Considering the overall facts and circumstances of the case and
looking to the pandemic scenario of Covid pandemic-19 and also the
fact that applicant is the first offender, this Court deems it appropriate
to allow this application, accordingly, the application is allowed
subject to verification of the fact that applicant is the first offender. The
applicant is directed to be released on bail on furnishing a personal
bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one
solvent surety of like amount to the satisfaction of the Investigation
Officer /trial Court, as the case may be with submission of written
undertaking and he shall abide by all terms and conditions of the
different circulars, orders as well as guidelines issued by the Central
Government, State Government as well as Local Administration for
maintaining social distancing, hygiene etc to avoid Novel Corona Virus
(COVID -19) pandemic and he will have to install Arogya Setu App,
if not already installed.
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 3 The High Court Of Madhya Pradesh MCRC-23282-2021 (SURESH AHIRWAR Vs THE STATE OF MADHYA PRADESH) the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. In case of involvement in any other offence, the bail granted by this Court, his bail application shall automatically cancelled.
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. In case the FSL report shows that the liquor seized is harmful for human consumption then the bail granted by this Court stands cancelled automatically and applicant has to surrender immediately and apply for regular bail.
8. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of 4 The High Court Of Madhya Pradesh MCRC-23282-2021 (SURESH AHIRWAR Vs THE STATE OF MADHYA PRADESH) Police, concerned who shall inform the concerned SHO regarding the same.
In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicants shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.
Copy of this order be sent to the trial Court concerned for compliance.
(Vishal Mishra)
mani V. Judge
SUBASRI MANI
2021.05.13
19:20:40 -07'00'