Amarveersingh @ Romy vs The State Of Madhya Pradesh on 14 July, 2020

[Cites 6, Cited by 1]

Madhya Pradesh High Court

Amarveersingh @ Romy vs The State Of Madhya Pradesh on 14 July, 2020

This is the first application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant is in custody since 20/01/2020 in connection with Crime Case No. 87/2019 registered at Police Station Narcotics Cell Indore for the offence punishable under section 8/22 of the NDPS Act.

As per the prosecution story, the applicant was found to be in possession of seven bottles of Codeine Syrup. Accordingly, case has been registered. During course of investigation, it has been found that the co- accused persons namely; Sandeep and Rafiq were also found in possession of 22 and 28 bottles of Codeine Syrup. Both the co-accused in their memo under Section 27 of the Evidence Act have reveled the fact that they have received the supply of Codeine Syrup from the present applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime. The investigation is complete and challan has been filed. The applicant is in jail incarceration since 21/01/2020. He is no more required for further custodial interrogation. Due to jail incarceration, the family is on the verge of starvation. Looking to the Covid- 19 situation, trial is not likely to conclude early in the near future. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.

Per contra, learned Panel Lawyer supported the order impugned and opposes the bail application with the submission that applicant in fact is a big supplier of Codeine Syrup being sold to the people at large for intoxication 2 MCRC-21505-2020 purpose. Both the co-accused have reveled that the applicant has supplied the Codeine Syrup to them. Moreover, there are two cases registered against the applicant of Excise Act at Police Station Juni and Police Station Bhanwarkuwa, Indore. Hence applicant does not deserves to be enlarged on bail.

At this stage, on instructions learned counsel for the applicant submits that applicant has done introspection in the wake of social and economic crisis due to Covid-19 Pandemic in the country volunteer to deposit an amount of Rs.1,00,000./- (Rupees One Lac only) in the office of Zila Bal Sanrakshan Samiti, Indore [Axis Bank Account No. 911010007267684 IFSC Code UTIB0000503] to be utilized for providing clothing, food and other essential amenities required for the orphans living in orphanages including physically challenged persons and old age persons living in old age homes etc., in the district under the surveillance of Collector Distt. Indore, who is at discretion to utilize the said amount for such persons who have lost their means of livelihood during the pandemic including sufferers of pandemic Covid-19 and also to provide food to stray animals (ykokfj'k i'kq) of the area.

However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of the applicant on bail.

This Court appreciates the gesture shown by learned counsel for the applicant.

Considering the rival contentions advanced by the parties and in the obtaining facts and circumstances, regard being had to the fact that the applicant is in jail since 20/01/2020 and not required for further custodial interrogation, he is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Cr.P.C., is hereby allowed. It is directed that the applicant be released on bail, on furnishing personal bond in the sum of Rs.5,00,000/- (Rs. Five Lacs Only) with one solvent surety in the like amount to the satisfaction of the trial Court, on the condition that he shall remain present before the Court 3 MCRC-21505-2020 concerned during trial and also comply with the conditions enumerated under Section 437(3) of Cr.P.C., with following further conditions:

(i) the applicant shall deposit an amount of Rs.1,00,000/- (Rupees One Lac only) in the office of Zila Bal Sanrakshan Samiti, Indore [Axis Bank Account No. 911010007267684 IFSC Code UTIB0000503] to be utilized for providing clothing, food and other essential amenities required for the orphans living in orphanages including physically challenged persons and old age persons living in old age homes etc in the district-Indore, who is at discretion to utilize the said amount for such persons who have lost their means of livelihood during the pandemic including sufferers of pandemic Covid-19 and also to provide food to stray animals (ykokfj'k i'kq) of the area.

However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of the applicant on bail.

The department is at its discretion to utilize the amount so deposited where it is required upon due verification by the Collector. The department is directed to maintain a separate account for production of the record as and when directed for through the Collector.

The applicant shall submit attested photocopy of the receipt before the Principal Registrar of this Bench, for placing the same on record of this case.The Principal Registrar shall produce the same as and when required by this Court in the form of PUD.

(ii) the applicant shall furnish written undertaking with his complete residential details that he 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 applicant shall install Aarogya Sethu App (if not already installed) in his mobile phone;

(iv) the applicant shall mark his attendance before the concerned Police Station on 2nd Saturday of every month between 10 am to 12 noon.

(v) the applicant shall not tamper with the evidence in any whatsoever in any 4 MCRC-21505-2020 manner or induce or threat any person acquainted with the acts of the case;

(vi) the applicant shall cooperate during trial and will not seek unnecessary adjournments during trial;

(vii) the applicant shall not leave the India or the area without previous permission of the trial Court/Investigating Officer, as the case may be;

(viii) 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 including the isolation/quarantine 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 and shall also be given pass or permit for movement to reach his place of residence;

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.

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 station for information and necessary action. Registry is directed to send an e-copy of this order to the the Court concerned for necessary compliance.

It is made clear that this e-copy order be treated as Certified copy in terms of the advisories issued by the High Court from time to time.

(ROHIT ARYA) JUDGE vc Digitally signed by VARSHA CHATURVEDI VARSHA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, CHATURVEDI 2.5.4.20=df59fbf0f5c7485addc8affe3edf20e6 7d11d7f91045d81139f6792fbd4ae91f, cn=VARSHA CHATURVEDI Date: 2020.07.14 18:21:11 +05'30'

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Madhya Pradesh High Court