Madhya Pradesh High Court
Harish vs State Of M.P. on 17 March, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 M.Cr.C.No.3104/2021
(Harish Vs. State of M.P.)
Indore : Dated 17.3.2021
Shri R.R.Trivedi, learned counsel for the applicant.
Shri A.S.Sisodia, learned Govt.Advocate for the respondent/State.
This is first bail application under Section 439 Cr.P.C. The applicant is in custody since 20.8.2020 in connection with Crime No.58/2020 registered at P.S., Narcotics Cell, Indore for the offence punishable under Section 8/18, 29 of NDPS Act.
As per prosecution story, applicant was found to be in unauthorized possession of 1.00 Kg.opium unauthorizedly and illegally. Accordingly, case has been registered. Investigation is complete and charge-sheet has been filed.
Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the offence. He is not required for custodial investigation. He has no criminal antecedents. It is further submitted that applicant has already suffered jail incarceration since 20.8.2020 and due to his jail incarceration, his family is in penury. Looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Hence, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper.
Per contra, learned Govt.Advocate supports the order impugned and opposes the bail application.
At this stage, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to grave critical social economic condition 1 M.Cr.C.No.3104/2021 (Harish Vs. State of M.P.) of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage, the applicant is prepared to deposit a sum of Rs.50,000/- (Rs.Fifty Thousand only) in the office of Jila Bal Sanrakshan Samiti, Indore (Account No.911010007267684 Axis Bank IFSC code UTIB0000503) 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, vidhwas living in vidhwa aashrams or orphans living in orphanage in the city of Khargone in dire need of such amenities/facilities. 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, but without touching merits of the contentions so advanced, regard being had to the fact that applicant has suffered jail incarceration since 20.8.2020 having no criminal antecedents, not required for further custodial interrogation 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 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 furnishing personal bond in the sum of Rs.3,00,000/- (Rs.Three Lacs 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:
1 M.Cr.C.No.3104/2021
(Harish Vs. State of M.P.)
(i) the applicant shall prepare a demand draft for Rs.50,000/-
(Rs.Fifty Thousand only) in the office of Jila Bal Sanrakshan Samiti, Indore (Account No.911010007267684 Axis Bank IFSC code UTIB0000503) to be utilized 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, vidhwas living in Vidhwa Aashrams and orphans living in orphanage in the city of Khargone in dire need of such amenities/facilities and the amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicant.
(ii) (a) the applicant shall submit the 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) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.
(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in relation to the present case.
(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Indore 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 attendance before the concerned Police Station on 2 nd and 4th Saturday of every month between 10.00 am to 12.00 noon.
(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 1 M.Cr.C.No.3104/2021 (Harish Vs. State of M.P.) 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;
(vii) in future if 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 Govt.Advocate 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.
Observation on facts are only for the purpose of deciding the instant bail application and shall have no bearing on the pending trial, in any manner whatsoever.
Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.
Certified copy as per rules.
(Rohit Arya) Judge Patil Digitally signed by Shailesh Patil Date: 2021.03.18 10:04:58 +05'30'