Dalpat Singh vs The State Of Madhya Pradesh on 20 August, 2020

[Cites 5, Cited by 1]

Madhya Pradesh High Court

Dalpat Singh vs The State Of Madhya Pradesh on 20 August, 2020

This is the second repeat bail application under Section 439 of the Criminal Procedure Code, 1973. The first application is dismissed as withdrawn on 04.10.2019 in MCRC No.38135/2019. The applicant is in jail since 11.10.2017 in connection with Crime No.38135/2019 registered at P.S., Narayangarh, District Mandsaur, for offence punishable under Section 8/15, 29 of NDPS Act.

As per prosecution story, the applicant was found in possession of 190 Kg. Poppy Straw (50 k.g. Commercial quantity) unauthorizedly and illegally. Accordingly, the case has been registered against the applicant.

Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated. Investigation is complete and the challan has been filed. He has no criminal antecedents. No further custodial investigation is required. The applicant has suffered jail incarceration since 11.10.2017. Due to prevailing Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances the prayer for grant of bail may be considered on such terms and conditions as this Court deems fit and proper.

Per contra, learned Panel Lawyer for the respondent opposes the bail application supporting the order impugned prays for rejection of bail application.

At this stage, on instructions learned counsel for the applicant 2 MCRC-23703-2020 submits that applicant has done introspection in the wake of social and economic crisis due to Covid-19 Pandemic in the country and volunteers to deposit an amount of Rs.1,00,000/- (Rupees One lakh only) in the office of Zila Balsanrakshan Samiti, Distt. Mandsaur [Bank of India Account No.912910210000074 IFSC Code BKID0009129] to be utilized for providing clothing, food and other essential amenities required for the orphans living in orphanages including physically challenged persons etc in the district under the surveillance of Collector Distt. Mandsaur. The Collector is also 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 in the district. 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.

Upon hearing learned counsel for the parties and in the obtaining facts and circumstances but, without touching on merits of the contentions so advanced, regard being had to the fact that the applicant is in jail since 11.10.2017 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 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.2,00,000/- (Rupees Two lakh 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:

3 MCRC-23703-2020

(i)(i) the applicant shall prepare a demand draft for Rs.1,00,000/- (Rupees One lakh only) of any Nationalized Bank in favour of the Zila Balsanrakshan Samiti, Distt.

Mandsaur [Bank of India Account No.912910210000074 IFSC Code BKID0009129] 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 or orphans living in orphanage in the city of Mandsaur in dire need of such amenities/facilities and such old age homes and also to such persons who have lost their means of livelihood during the pandemic Covid-19 and the amount so deposited shall have no bearing or relevance in the pending trial to the prejudice of the applicant.

(ii) (a) the applicant shall submit the original demand draft 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.

(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Mandsaur is also directed to maintain a separate account (for production of the record as and when directed for).

(iv) the applicant shall submit an attested photocopy of the receipt before the Principal Registrar of this Bench, for placing the same on record of this case. The Principal 4 MCRC-23703-2020 Registrar shall produce the same as and when required by this Court in the form of PUD.

(v) the applicant shall furnish a 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 time-to-time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-

19);

(vi) the applicant shall install Aarogya App (if not already installed) in his mobile phone;

(vii) the applicant shall not tamper with the evidence in any whatsoever manner or induce or threat any person acquainted with the facts of the case;

(viii) the applicant shall co-operate during trial and will not seek unnecessary adjournments during trial;

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

(x) 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 5 MCRC-23703-2020 residence;

(xi) the applicant shall mark his presence before the concerned trial Court on every 2nd and 4th Saturday between 10.00 AM to 12.00 Noon till pendency of the trial.

(xii) violation of conditions, State is free to apply for cancellation of bail.

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 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.

Certified copy as per rules.

(ROHIT ARYA) JUDGE Vibha Vibha Pachori 2020.08.20 17:14:03 +05'30'

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Madhya Pradesh High Court