Madhya Pradesh High Court
Dheeraj Nihale vs The State Of Madhya Pradesh on 5 October, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-47621-2021
The High Court Of Madhya Pradesh
MCRC-47621-2021
(DHEERAJ NIHALE Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 05-10-2021
Heard through Video Conferencing.
Shri Anirudh Saxena, learned counsel for the applicant.
Shri Amit Singh Sisodia, learned Government Advocate for the
respondent/State.
This is the second bail application under Section 439 Cr.P.C. filed on behalf of the applicant. The applicant is in custody since 06.06.2021 in connection with Crime No.231/2021 registered at P.S. Khilchipur, District Rajgarh for the offence punishable under Sections 417, 420, 467, 468, 475/34 o f IPC and Section 3/7 of Essential Commodities Act, Section 19(c)(II) of Fertilizer Control Order, 1985. His first application was dismissed as withdrawn with liberty to revive after two months vide order dated 20.07.2021 in M.Cr.C.No.35139/2021.
As per prosecution story, on a secret information received, the flying squad raided the premises in the name of Shiv Singh and found a truck bearing registration No.MP-06-HC-702 was being loaded with bags of fertilizers with the brand name IFFCO fertilizers. On further investigation, it was found that about 150 plain bags filled with fertilizers were stacked in a room and about 200 empty bags with brand name IFFCO fertilizers were found. At the instance of the co-accused Dilip, the labourers were engaged to transfer the fertilizers from plain bags to the branded bags and after sealing them, they loaded the same in the truck. In other words, duplicate fertilizers were packed in bags of branded IFFCO fertilizers and intended to supply to agriculturists defrauding them for unjust enrichment. The applicant is alleged to have supplied the rejected empty bags of brand IFFCO fertilizers to Suresh and Shiv Singh. Accordingly, case has been registered against the applicant.
Signature Not VerifiedDigitally signed by SAN REENA JOSEPH
Date: 2021.10.05
17:53:02 IST
Learned counsel for the applicant submits that applicant is innocent 2 MCRC-47621-2021 and has been falsely implicated. Challan has been filed . he is no more required for custodial interrogation. On merits, he submits that the applicant is only an employee in M/s Vishal Traders, Chawni, Indore. Co-accused Vishal is the owner of the shop and at his instructions only he had packed the empty bags for supply to Suresh. The applicant was not found at the spot. There is no material to establish his proximity either with Suresh or Shiv Singh. Applicant is a poor person and due to jail incarceration, his family is at the verge of starvation. His wife and small child are without whims and liabilities. Moreso, looking to prevailing Covid-19 situation, trial is not likely to conclude early in the near future. Hence, under such circumstances, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper.
Per contra, learned Government Advocate opposes the bail application supporting the order impugned with submission that even though he is not found on spot, but he is directly connected with the supply of rejected empty bags of IFFCO fertilizers to Suresh for the alleged adulteration and misrepresentation. Hence, no exception can be d However, he prays for time to seek instructions as regard status of investigation in relation to the co- accused Vishal, the owner of the shop M/s Vishal Traders, Chawni, Indore.
Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that applicant is in jail since 06.06.2021, investigation is complete and charge sheet has been filed, he is not required for custodial interrogation, his alleged involvement is only that of a labourer in packing the rejected empty bags of brand IFFCO fertilizers, which was supplied to co-accused Suresh and Shiv Singh at the instance of Vishal from the shop M/s Vishal Traders, Chawni, Indore, in the obtaining facts and circumstances and due to Covid-19 pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for enlargement on temporary bail.
Signature Not VerifiedDigitally signed bySAN REENA JOSEPH Consequently, the application of the applicant filed under Section 439 Date: 2021.10.05 17:53:02 IST 3 MCRC-47621-2021 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on temporary bail on furnishing personal bond in the sum of Rs. 1,50,000/- (Rupees One Lakh 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 the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:
(i) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday between 10:00 a.m. to 12:00 noon.
(ii) 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 to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(iii) 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.
(iv) in the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail granted to the applicant.
(v) 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.
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 Signature Not VerifiedDigitally signed by SAN REENA JOSEPH Date: 2021.10.05 17:53:02 IST 4 MCRC-47621-2021 station for information and necessary action.
Learned Government Advocate shall keep the I.O. present before this Court with the case diary and status of investigation in relation to co-accused Vishal.
List this case for further orders on 28.10.2021.
(ROHIT ARYA)
JUDGE
RJ
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN REENA JOSEPH
Date: 2021.10.05
17:53:02 IST