Saudansingh vs The State Of Of Madhya Pradesh on 2 November, 2020

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Madhya Pradesh High Court

Saudansingh vs The State Of Of Madhya Pradesh on 2 November, 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 15.5.2018 in connection with Crime Case No.9/2018 registered at Police Station, Narcotics Cell, District Indore for the offence punishable under Section 8/18 read with 29 of NDPS Act.

As per the prosecution case, on the basis of secret information Police party intercepted a car which was being driven by co-accused Kamal and the applicant was sitting in it. They were found in possession of 2.800 Kg. opium. Accordingly, the case has been registered against the applicant.

Learned counsel for the applicant submits that investigation is complete and challan has been filed. In all, four prosecution witnesses have been examined i.e. Mukesh Chouhan (PW-1), Seizure Officer - Himanshu Chouhan (PW-2), Devendra Sharma (PW-3) and Rakesh Sharma (PW-4), who are members of the raid party. According to learned counsel, there are major contradictions and omissions in the statement of witnesses as well as witnesses to the alleged seizure. Co-accused Kamal has been enlarged on bail on 4.9.2020 vide M.Cr.C.No.18700/2020. Due to Covid-19, the Court proceedings are paralyzed and almost 45 witnesses are yet to be examined by the prosecution. The applicant is in custody since15.5.2018. He is the sole bread earner of his family and the family is reeling under financial crisis due to his jail incarceration. Besides, looking to the Covid-19 situation, trial is not likely to conclude early in the near future.

2 M.Cr.C.No.36009/2020

(Saudan Singh Vs. State of M.P.) 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 for the respondent/State supporting the order impugned opposes the bail application with the submission that the contraband (Opium) of 2.800 Kg.was found in the possession of the applicant and co-accused, therefore, the applicant may not be enlarged on bail.

At this stage, Shri Gupta, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to the 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.1,25,000/- (Rs.One Lakh Twenty Five Thousand only) Rs.15,000/- (Rs.Fifteen Thousand only) in the office of in the office of Jila Bal Sarankshan Samiti, 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. 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 15.5.2018, not required for custodial interrogation, the co-accused has been enlarged on bail and the possibility of delay in conclusion of trial cannot be ruled out, 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 3 M.Cr.C.No.36009/2020 (Saudan Singh Vs. State of M.P.) allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.2,00,000/- (Rs.Two Lacs 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 of any nationalized bank for an amount of Rs.1,25,000/-

(Rs.One Lakh Twenty Five Thousand only) in the office of in the office of Jila Bal Sarankshan Samiti, 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 orphanage in the District, physically challenged persons and also to such persons who have lost their means of livelihood during the pandemic Covid-19 and the same shall have no bearing on merits of the trial but for enlargement of the applicant on bail and obtain a receipt.

(ii)(a) the applicant shall submit the aforesaid 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) 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.

(ii)(c) 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 through Collector, Mandsaur. The said department is also directed to maintain a separate 4 M.Cr.C.No.36009/2020 (Saudan Singh Vs. State of M.P.) 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 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 not tamper with the evidence in any whatsoever manner or induce or threat any person acquainted with the facts of the case;

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

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

(ix) 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;

(x) the applicant shall mark his attendance before the concerned Police Station on 2nd and 4th Saturday of every month between 10.00 am to 12.00 noon.

5 M.Cr.C.No.36009/2020

(Saudan Singh Vs. State of M.P.)

(xi) 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 Patil Digitally signed by Shailesh Patil Date: 2020.11.02 18:10:02 +05'30'

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Madhya Pradesh High Court