Madhya Pradesh High Court
Suneel Ahirwar vs The State Of Madhya Pradesh on 22 April, 2021
Author: Sheel Nagu
Bench: Sheel Nagu
1 Mcrc.19288.2021
The High Court of Madhya Pradesh
Mcrc.19288.2021
(Suneel Ahirwar Vs. State of M.P.)
Gwalior dated 22.04.2021
Shri S.S. Rajput, learned counsel for the petitioner.
Shri A.K. Nirankari, learned Public Prosecutor for
respondent/State.
Heard through video conferencing.
Perused the case diary.
The petitioner has filed this first application u/S.439 Cr.P.C. for grant of bail.
The petitioner has been arrested on 20.01.2021 by Police Station-Kumbhraj, District Guna (M.P.), in connection with Crime No.24/2021 registered in relation to the offences punishable u/S. 8/21 NDPS 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 alleged with recovery of 25 grms of smack. Investigation in the matter is over by filing charge-sheet on 17.03.2021 and therefore further custodial interrogation is not required. Petitioner has no criminal antecedents. Bar contained in Sec.37 of NDPS Act does not apply since the quantity of contraband recovered and seized is much less than the commercial quantity.
2 Mcrc.19288.2021 In view of above 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 disclose 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 two solvent sureties of the like amount to the satisfaction of the concerned available 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. 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;
3 Mcrc.19288.2021
6. The petitioner will not leave India without previous permission of the concerned available Magistrate/Investigating Officer, as the case may be;
7. The learned concerned available 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.
The petitioner has gracefully agreed to act as a Shiksha Swayamsevak by rendering 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 petitioner. [;kfpdkdrkZ us ,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 djus ,oa vius dkS'ky o lalk/kuksa ls mDr fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djus dh LosPN;k lgefr iznku dh gSAa] 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;
4 Mcrc.19288.2021 ¼xzkeh.k {ks= ds ekeys esa½ 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. [;g lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ 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 djsA].
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 follow up.
A copy of this order be supplied to the Legal Aid Officer, SALSA, Gwalior who is directed to communicate this order to the District Education Officer, Block Education Officer of the district/block concerned who in turn shall encourage the petitioner to indulge in community service as aforesaid.
A copy of this order be sent to the court below for information.
C.c as per rules.
(Sheel Nagu) Judge pd PAWAN Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF DHARK MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=345b3604d572ed9dd14 AR 92fe82dc3b1eef67eff2cb59f3ac97 e920ac264de7828, cn=PAWAN DHARKAR Date: 2021.04.23 12:31:55 +05'30'