Madhya Pradesh High Court
Ukarlal vs State Of M.P. on 15 June, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-4270-2021
The High Court Of Madhya Pradesh
MCRC-4270-2021
(UKARLAL Vs STATE OF M.P.)
Indore, Dated : 15-06-2021
Shri Abhishek Rathore, learned counsel for applicant.
Shri Ankit Premchandani, learned Panel Lawyer for the
respondent/State.
Heard through Video Conferencing.
This is the seventh repeat bail application under Section 439 Cr.P.C.
filed on behalf of the applicant. His earlier bail applications were dismissed as withdrawn by orders dated 09.10.2018, 27.11.2018, 18.03.2019, 16.10.2019 and 06.07.2020 vide M.Cr.C. No. 39097/2018, M.Cr.C. No. 47154/2018, M.Cr.C. No. 11254/2019,M.Cr.C. No.38117/2019 and M.Cr.C. No. 12178/2020. Applicant has been granted temporary bail vide order dated 05.04.2019 passed in M.Cr.C. No. 12986/2019. While rejecting his 6th repeat bail application, this Court has granted liberty to revive the prayer for bail after six months, if there is no progress in the trial. The applicant is in custody since 18.03.2018 in connection with Crime No.56/2018 registered at P.S. Baghana , District Neemuch for the offence punishable under Section 8/15 and 29 of NDPS Act.
As per prosecution story, applicant was found to be in unauthorized possession of 116 kg of poppy straw. Accordingly, case has been registered against the applicant.
Investigation is complete and charge-sheet has been filed. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the offence. Investigation is complete and chargsheet has been filed. Applicant is in custody since 18.03.2018. Investigation is complete and chargsheet has been filed. He is not required for further custodial investigation. He is the sole bread earner and due to jail incarceration, his family is in penury. It is further submitted that not a single Signature Not Verified SAN witness has been examined so far in the trial. Moreso, looking to the Covid-
Digitally signed by SEHAR HASEEN Date: 2021.06.16 11:51:23 IST2 MCRC-4270-2021 1 9 situation, trial is not likely to conclude early in the near future. Hence, primarily on the ground of jail incarceration which is three years and three months and the order passed by this Court granting liberty to revive the prayer for bail after six months, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper.
P e r contra, learned Panel Lawyer opposes the bail application supporting the order impugned. However, he fairly submits that applicant has one criminal antecedent of the year 2003 and he was acquitted in the said case.
A t this stage, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to grave critical social economic condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage, the applicant is prepared to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) in favour of Jila Bal Sarakshan Samiti, Neemuch (State Bank of India Account No.031854494225, IFSC Code SBIN0030055) 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, vidhwas living in vidhwa aashrams or orphans living in orphanage in the city of Neemuch in dire need of such amenities/facilities. However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of applicant on bail.
Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that the applicant is in jail since 18.03.2018, investigation is complete and chargsheet has been filed, h e is not required for custodial investigation. Moreso, due to Covid-19 pandemic, possibility of delay in conclusion of trial cannot be ruled out and in the light of the liberty granted to renew the prayer for bail after six months and the fact that there is no progress in the trial, applicant is held entitled for enlargement on bail.
Signature Not Verified SANConsequently, the application of the applicant filed under Section 439 Digitally signed by SEHAR HASEEN Date: 2021.06.16 11:51:23 IST 3 MCRC-4270-2021 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail furnishing personal bond in the sum of Rs.3,00,000/- (Rupees Three Lakhs 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:
(i) the applicant shall prepare a demand draft for Rs.50,000/-
(Rupees fifty thousand only) of any Nationalized Bank in favour of Zila Bal Sanrakshan Samiti, Distt. Neemuch (State Bank of India Account No.031854494225, IFSC Code SBIN0030055) to be utilized for the purpose o f providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams and orphans living in orphanage in the city of Neemuch in dire need of such amenities/facilities and the amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicant.
(ii) (a) the applicant shall submit the original demand drafts 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.
(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in relation to the present case.
(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Neemuch is also directed to maintain a separate account (for Signature Not Verified SAN Digitally signed by SEHAR HASEEN Date: 2021.06.16 11:51:23 IST 4 MCRC-4270-2021 production of the record as and when directed for).
(iv) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.
(v) the applicant 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);
(vi) 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 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.
(vii) 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.
(viii) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically.
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.
E-certified copy as per rules.
(ROHIT ARYA) JUDGE sh Signature Not Verified SAN Digitally signed by SEHAR HASEEN Date: 2021.06.16 11:51:23 IST