Madhya Pradesh High Court
Maksood Alam vs The State Of Madhya Pradesh on 27 July, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-35228-2021
The High Court Of Madhya Pradesh
MCRC-35228-2021
(MAKSOOD ALAM Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 27-07-2021
Heard through Video Conferencing.
Shri Ankit Saxena, learned counsel for the petitioner.
Shri Akhilendra Singh, learned G.A. for the respondent/State.
This is first bail application filed by the petitioner under Section 439 of the Code of Criminal Procedure.
Petitioner is in custody since 14.05.2021 in connection with Crime No.17/2021 registered at P.S.-STF, District-Bhopal (M.P.) for the offence punishable under Sections 420 and 188 of IPC, Section 3 of Epidemic Diseases Act and Section 3/7 of Essential Commodities Act.
A s per prosecution story, in short is that the present petitioner/accused has conspired connivance with other co-accused who are selling and black marketing the Remdesivir injection which is a life saving drug during the pandemic of COVID-19 and they had sold out the injection illegally of Rs. 25,000/-.
Learned counsel for the petitioner submits that petitioner/accused has been falsely implicated in the case. Petitioner/accused neither committed any offence nor seized the remdesivir injection from the possession of petitioner/accused. He did not sell out the said injection to any person. Petitioner/accused is made as an accused only on the basis of memorandum of co-accused. He is in custody since 14.05.2021. Charge sheet has been filed. It is time of Covid-19, due to which, conclusion of trial will take time for its final disposal. There is no possibility of his absconding or tampering with prosecution evidence. Petitioner/accused is breadwinner of his family, if he is kept in custody for unlimited period, then future of his family will be spoiled. On these Signature Not Verified SAN Digitally signed by LALIT SINGH RANA Date: 2021.07.27 17:09:44 IST 2 MCRC-35228-2021 grounds, he prays for grant of bail to the petitioner/accused.
Per-contra, learned G.A. for the respondent/State opposes the bail application.
Considering the contentions of counsel for both the parties and the fact that petitioner/accused has no previous criminal antecedent, he is aged about 24 years young boy, he is in custody since 14.05.2021, charge sheet has been filed, it is time of COVID-19 Pandemic, due to which, conclusion of trial will take time for final disposal, there is no probability of his absconding or tampering with the evidence of the prosecution.
In view of the aforesaid, it would not be appropriate to keep the petitioner/accused in jail during whole trial. Therefore, without commenting on merits of the case, application of the petitioner/accused under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that petitioner-Maksood Alam be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one surety of the same amount to the satisfaction of the trial Court for his appearance before the trial Court on the dates given by the concerned Court. It is directed that the petitioner shall comply with the provisions of Section 437(3) of the Cr.P.C.
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 Signature Not Verified SAN 'Corona Virus disease'. For this purpose appropriate tests will be Digitally signed by LALIT SINGH RANA Date: 2021.07.27 17:09:44 IST 3 MCRC-35228-2021 carried out.
3. If it is found that the petitioner is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
M.Cr.C. stands disposed of.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE L.R. Signature Not Verified SAN Digitally signed by LALIT SINGH RANA Date: 2021.07.27 17:09:44 IST