Madhya Pradesh High Court
Atul Verma vs The State Of Madhya Pradesh on 1 October, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-48747-2021
The High Court Of Madhya Pradesh
MCRC-48747-2021
(ATUL VERMA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 01-10-2021
Heard through Video Conferencing.
Shri Janak Lal Soni, learned counsel for the petitioner.
Ms. Seema Jaiswal, learned 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 19.06.2021 in connection with Crime No. 157/2021 registered at P.S.- Crime Branch, District-Bhopal (M.P.) for the offence punishable under Sections 49(A) and 36 of M.P. Excise Act.
Prosecution story, in short, is that on 19.06.2021, 05 liters hand made liquor was seized from the possession of the present petitioner/accused which is found unfit for human consumption.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. No liquor was seized from the possession of petitioner/accused. Petitioner/accused has no previous criminal antecedent under MP Excise Act, therefore, there is no probability to repeat the offence. Petitioner/accused is in custody since 19.06.2021, charge sheet has been filed. It is time of COVID-19 pandemic, due to this, trial will take time for its final disposal. There is no probability of his absconding or tampering with the evidence of prosecution witness. petitioner/accused is breadwinner of his family, if he is kept in custody for an unlimited period then future of his family will be spoiled. On these grounds, learned counsel for the petitioner prays for allowing this bail application.
Panel Lawyer for the respondent/State opposes the said bail Signature Not Verified SAN application.
Digitally signed by LALIT SINGH RANA Date: 2021.10.01 17:43:55 IST2 MCRC-48747-2021 Considering the contention of both the parties and this fact that petitioner/accused has no previous criminal antecedent under the MP Excise Act, therefore, there is no probability to repeat the offence, petitioner/accused is in custody since 19.06.2021, charge-sheet has been filed, it is time of COVID-19 pandemic, due to this, trial will take time for its final disposal, there is no probability of his absconding or tampering with the evidence of prosecution witness, FSL report is not available on the record on which it can be said that seized liquor is unfit for human consumption, so, it would not be appropriate to keep the petitioner in jail whole the 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-Atul Verma be released on bail on his furnishing a personal bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the same like amount 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.
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 Virus Signature Not Verified disease', necessary steps will be taken by the concerned authority by SAN Digitally signed by LALIT SINGH RANA Date: 2021.10.01 17:43:55 IST
3 MCRC-48747-2021 placing him in appropriate quarantine facility.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE L.R. Signature Not Verified SAN Digitally signed by LALIT SINGH RANA Date: 2021.10.01 17:43:55 IST