Madhya Pradesh High Court
Shravansingh vs The State Of Madhya Pradesh on 5 October, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-39117-2021
The High Court Of Madhya Pradesh
MCRC-39117-2021
(SHRAVANSINGH Vs THE STATE OF MADHYA PRADESH)
4
Indore, Dated : 05-10-2021
Shri Nilesh Dave, learned counsel for the applicant.
Shri Sudhanshu Vyas, learned Panel lawyer for the respondent-State.
Heard through Video Conferencing.
T h is is first b a il application under Section 439 of the Criminal Procedure Code, 1973 filed on behalf of the applicant. The applicant is in jail since 20.07.2021 in connection with Crime No.224/2018 registered at P.S., Mandsaur Kotwali, District-Mandsaur for offence punishable under Section 8/15, 25 and 29 of NDPS Act.
As per prosecution story, the applicant alongwith co-accused Karan (a juvenile) were found in conscious possession of 73 kg of poppy straw. Accordingly, the case has been registered.
During the course of investigation, the co-accused Sunny Kumar revealed the name of the co-accused Tahir as a supplier and further disclosed the name of the present applicant as the owner of the vehicle driving by Tahir while delivering the seized contraband. Accordingly, the present applicant has been arrested.
Investigation is complete and chargsheet has been filed. Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated. Investigation is complete and challan has been filed. No further custodial investigation is required. The applicant is in custody since 20.07.2021. The commercial quantity of the contraband as per the schedule appended to the NDPS Act is 50 kg and the alleged recovery that of 73 kg. 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 Signature Not Verified SAN this Court deems fit and proper.
Digitally signed by VIBHA PACHORI Date: 2021.10.05 19:03:56 IST2 MCRC-39117-2021 Learned Panel Lawyer for the respondent opposes the bail application supporting the order impugned with the submission that the applicant since was found in conscious possession of contraband in excess to the commercial quantity, no exception can be taken in the matter of enlargement on bail.
At this stage, on instructions learned counsel for the applicant submits that applicant has done introspection and volunteers to deposit an amount of Rs.1,00,000/- (Rupees One Lac only), in the office of Zila Balsanrakshan Samiti, Barwani (Punjab National Bank Account No.6803000100005395, IFSC Code PUNB0680300) to be utilized for providing clothing, food and other essential amenities required for old age persons living in old age homes, vidhwas living in vidhwa aashrams, orphans living in orphanage, sufferers of Covid-19 Pandemic as well as for providing facility of bio gas plant (Gobar Gas) to poor villagers, agriculturists for enabling them to avail the LPG gas for domestic purpose, so also for providing basic amenities ( i.e. shed, chairs, lights, water cooler with RO ,Ceiling Fans etc.) in District Jail, Barwani where advocates and relatives meet the prisoners for consultations/discussions. 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.
Up o n hearing learned 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 20.07.2021, investigation is complete and chargesheet has been filed, he is not required for custodial investigation. 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 Signature Not Verified SAN of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that Digitally signed by VIBHA PACHORI Date: 2021.10.05 19:03:56 IST 3 MCRC-39117-2021 the applicant be released on bail on furnishing personal bond in the sum of Rs.5,00,000/- (Rupees Five lakhs 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 of Rs.1,00,000/-
(Rupees One Lac only) of any Nationalized Bank in favour of Zila Balsanrakshan Samiti, Barwani (Punjab National Bank Account No.6803000100005395, IFSC Code PUNB0680300)for providing basic amenities, clothing, food/food items and other essential amenities required for old age persons living in old age homes, vidhwas living in vidhwa aashrams, orphans living in orphanage , sufferers of Covid-19 Pandemic as well as for providing facility of bio gas plant (Gobar Gas) to poor villagers, agriculturists for enabling them to avail the LPG gas for domestic purpose, so also for providing basic amenities ( i.e. shed, chairs, lights, water cooler with RO ,Ceiling Fans etc.) in District Jail,Barwani where advocates and relatives meet the prisoners for consultations/discussions etc.However, the aforesaid amount shall have no bearing on the pending trial, but is only for enlargement of the applicant on bail.
(ii)(a) the applicant will submit the aforesaid original demand drafts 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 drafts without mentioning the account number therein. However, ensure that the same is in relation to the present case.
(ii)(c) as and when directed the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand drafts to the concerned authority in that behalf.
Signature Not Verified SAN Digitally signed by VIBHA PACHORI Date: 2021.10.05 19:03:56 IST4 MCRC-39117-2021
(iii) the applicant will mark his attendance before the concerned Police Station on 2nd and 4th Saturday of every month between 10.00 am to 12.00 noon.
(iv) the aforesaid authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Barwani is also directed to maintain a separate account (for production of the record as and when directed for).
(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 will be released on bail in terms of the conditions imposed in this order;
(vii) It is hereby directed that the Collector Barwani shall release the amount for purchase of aforesaid mentioned items to be requisitioned by Jail Superintendent, Barwani
(viii) That the Superintendent of Jail shall furnish the details of expenditure made for providing facilities as ordered with proper receipts etc before the Principal Registrar of High Court of Madhya Pradesh Indore Bench.
(ix) 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.
(x) violation of conditions, State is free to apply for cancellation of Signature Not Verified SAN bail.
Digitally signed by VIBHA PACHORI Date: 2021.10.05 19:03:56 IST5 MCRC-39117-2021 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 Signature Not Verified SAN Digitally signed by VIBHA PACHORI Date: 2021.10.05 19:03:56 IST