Madhya Pradesh High Court
Anoop Jaiswal @ Jassa vs The State Of Madhya Pradesh on 7 June, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-18346-2021
The High Court Of Madhya Pradesh
MCRC-18346-2021
(ANOOP JAISWAL @ JASSA Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 07-06-2021
Heard through Video Conferencing.
Shri Ashish Tiwari, Advocate for the petitioner.
Shri Prashant Mishra, P.L. for the respondent-State.
This is first bail application filed by the petitioner under Section 439 of the Code of Criminal Procedure.
The petitioner is in custody since 29.07.2020 in connection with Crime No.736/2020 registered at Police Station-Kolgawan, Distt.-Satna (M.P.) for the offence punishable under Section 8, 20-B, 29 of NDPS Act.
A s per prosecution case on dated 03.07.2020, on receiving an information from an informant, police officials reached the spot and seized 152 Kg. of contraband ganja from the possession of the co- accused namely Dilip Jaiswal and Sujeet Jaiswal. They disclosed that the seized contraband ganja belongs to present petitioner-accused and co-accused Guddu @ Rambhan Kushwaha used to supply the contraband ganja for selling to them.
Learned counsel for the petitioner-accused submits that the petitioner has been falsely implicated in this case. He further submits that petitioner has no role in the alleged incident. Petitioner is made an accused only on the memorandum of the co-accused. Nothing has been seized from the possession of the present petitioner-accused. There is no material availabe on the record on which it can be said that the petitioner-accused is involved in the business of smuggling of contraband ganja. So, no case is made out under the aforesaid offence against the present petitioner-accused. He is not previously convicted. So, there is no probability to repeat the said offence by him. The petitioner is in jail since 29.07.2020. I t is the time of pandemic COVID-19 due to which conclusion of trial will take time for final disposal. There is no probability of his absconding or tampering with the prosecution evidence. There is no bar under Section 37 of NDPs Act. Mandatory provisions under NDPS Act has not been complied with in the present case. The accused/petitioner is ready to furnish bail as per the order, Signature Not Verified SAN abiding with all conditions imposed by the Court. On these grounds, Digitally signed by PALLAVI SINHA Date: 2021.06.09 11:17:42 IST 2 MCRC-18346-2021 learned counsel for the petitioner prays for grant of bail to the petitioner.
Per-contra, learned Panel Lawyer opposes the bail application by submitting that there is bar under Section 37 of NDPS for granting bail to the applicant. He further submits that petitioner-accused has previous criminal antecedent, so he is not entitled for grant of bail.
After hearing arguments of the parties and looking to the facts and circumstances of the case as also the facts that petitioner-accused is made an accused on the memorandum of co-accused, nothing has been seized from the possession of the present petitioner-accused, he is not previously convicted, there is no probability to repeat the said offence by him, except the memorandum of co-accused, no other material is available on the record against the petitioner-accused, he is in jail since 29.07.2020, it is the time of pandemic COVID-19 due to which conclusion of trial will take time, there is no probability of his absconding or tampering with the prosecution evidence, so it is not appropriate to keep him in jail during whole trial, therefore, without commenting on merits of the case, application of the petitioner under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that petitioner-Anoop Jaiswal @ Jassa be released on bail on his furnishing a personal bail bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties in the amount of Rs. 50,000/- each to the satisfaction of the learned JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the concerned Court.
This order will remain operative subject to compliance of the following conditions by the petitioner:
1. The petitioner will comply with all the terms and conditions of the bond executed by him;
2. The petitioner will cooperate in the trial;
3. The petitioner will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officers;
4. The petitioner shall not commit an offence similar to the offence of which he is accused;
5. The petitioner will not seek unnecessary adjournments during the Signature Not Verified SAN trial; and Digitally signed by PALLAVI SINHA Date: 2021.06.09 11:17:42 IST 3 MCRC-18346-2021
6. The petitioner will not leave India without previous permission of the trial Court.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the petitioner shall also comply the rules and norms of social distancing.
Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority:-
1. The Jail Authority shall ensure the medical examination of the petitioner by the jail doctor before his release.
2. The petitioner shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3. If it is found that the petitioner is suffering from 'Corona Vi r u s disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE Pallavi Signature Not Verified SAN Digitally signed by PALLAVI SINHA Date: 2021.06.09 11:17:42 IST