Madhya Pradesh High Court
Salman Shah vs The State Of Madhya Pradesh on 23 September, 2020
Author: Sheel Nagu
Bench: Sheel Nagu
1 Mcrc.33756.2020
The High Court of Madhya Pradesh
M.Cr.C. No.33756.2020
(Salman Shah Vs. State of M.P.)
Gwalior dated 23.09.2020
Shri D.K. Pathak, learned counsel for the petitioner.
Shri Purushottam Tanwar, learned Panel Lawyer for the
respondent/State.
Learned counsel for the rival parties are heard through video conferencing.
The petitioner has filed this second repeat application u/S.439 Cr.P.C. for grant of bail after rejection of earlier one on 09.12.2019 on merits in Mcrc.49246.2019 with liberty to come again after examination of main prosecution witnesses.
The petitioner has been arrested on 19.09.2019 by Police Station- Bahodapur, District Gwalior (M.P.), in connection with Crime No.669/2019 registered in relation to the offences punishable u/S.49A Excise Act.
Learned counsel for State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
Petitioner is in custody since 19.09.2019 in respect of aforesaid offence where five liters of illicit liquor harmful for human consumption 2 Mcrc.33756.2020 has been recovered from the petitioner. Earlier bail application was dismissed on merits on 09.12.2019 in Mcrc.49246.2019 with liberty to come again after examination of main prosecution witnesses.
Looking to the period of custody which is more than a year and since alleged offence punishable u/S.49A of Excise Act prescribes for maximum punishment of two years and looking to special circumstances of ongoing Covid-19 pandemic with further facts that early conclusion of the trial is a bleak possibility and prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not discloses possibility of petitioner fleeing from justice, this Court, is inclined to extend the benefit of bail to the petitioner.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Magistrate.
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 Mcrc.33756.2020
3. The petitioner will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
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 trials;
6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the petitioner during period of bail as a consequence of this order.
8. The petitioner as a Shiksha Swayamsevak shall render physical and financial assistance to government primary school situated nearest to residence of petitioner for ensuring hygiene and sanitation and for removing deficiencies of infrastructural amenities in the said school from the skill/resources of the petitioners. [;kfpdkdrkZ ,d f'k{kk Lo;alsod ds :i esa vius fuokl ds fudV vofLFkr ljdkjh izkFkfed fo|ky; esa LoPNrk vkSj vkjksX; dks lqfuf'pr djus ds fy, 'kkjhfjd ,oa foRrh; lgk;rk iznku djsxk rFkk vius dkS'ky o lalk/kuksa ls mDr fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djsxkaAa] 4 Mcrc.33756.2020 The petitioner after selecting a particular Govt. Primary School shall inform about the same to the office of Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area), within whose territorial jurisdiction the said school is situated. [;kfpdkdrkZ ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esa xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys es½a vkSj@;k lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys es½a ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS] dks lwfpr djsxkA] It will be joint responsibility of Sarpanch and Secretary of said Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area) to preserve the said information provided by the petitioner and pass it on the concerned PLV. [;g lacaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys es½a vkSj@;k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k {ks= ds ekeys esa½ dh la;qDr ftEesnkjh gksxh fd] ;kfpdkdrkZ }kjk iznRr lwpuk dks lajf{kr djs ,oa lEcaf/kr ih ,y oh dks gLrkarfjr djsaA].
The registry of this Court shall communicate this order through Legal Aid Officer, SALSA, Gwalior to the Collector, District Education Officer, Block Education Officer of the district/block concerned for information and compliance.
A copy of this order be supplied to the Legal Aid Officer, SALSA, Gwalior who is directed to communicate this order to the Paralegal Volunteers of the area concerned to verify as to whether petitioner has 5 Mcrc.33756.2020 complied with condition No.8 or not and submit report once every month.
In case, report regarding condition No.8 is not filed or report is found to be wanting in any manner then Registry is directed to list this matter as PUD before appropriate Bench.
A copy of this order be sent to the Court concerned for information.
C.c as per rules.
(Sheel Nagu)
Judge
pd
Digitally signed by PAWAN
DHARKAR
DN: c=IN, o=HIGH COURT OF
MADHYA PRADESH BENCH
PAWAN GWALIOR, ou=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, postalCode=474011,
DHARKAR st=Madhya Pradesh,
2.5.4.20=345b3604d572ed9dd14
92fe82dc3b1eef67eff2cb59f3ac9
7e920ac264de7828, cn=PAWAN
DHARKAR
Date: 2020.09.24 14:54:54 +05'30'