Madhya Pradesh High Court
Pankaj Kumar Patel vs The State Of Madhya Pradesh on 16 July, 2020
Author: Nandita Dubey
Bench: Nandita Dubey
1
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 18833/2020
(Pankaj Kumar Patel Vs. State of M.P.)
(PRESENT : HON. SMT. NANDITA DUBEY, J (THROUGH VIDEO CONFERENCING)
Jabalpur, Dated :16.07.2020
Shri Siddharth Kumar Sharma, learned counsel for the
applicant.
Shri Sheetal Tiwari, learned Panel Lawyer for the
respondent/State.
On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, this application has been heard and decided through video conferencing, to maintain social distancing. The necessary parties have effectively been represented by their respective counsels through video conferencing.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. The applicant is in custody since 25.04.2020 in connection with Crime No. 298/2020 registered at P.S. City Kotwali, district Rewa for the offence punishable under Section 8/21, 22 of NDPS Act, 1985 and Section 5/13 of Drugs (Control) Act, 1950.
The allegation against the present applicant is that he is in possession of 294 bottles (100 ml each) of cough syrup, which contains 58.8 grams of codeine, which is less than the commercial quantity.
Learned counsel for the applicant submits that the present applicant is innocent and has falsely been implicated in this case. Charge sheet has already been filed. No further investigation is required in this case. Applicant is a permanent resident of District Rewa, there is no likelihood of his 2 absconsion. He is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.
Learned Counsel for the State, on the other hand, vehemently opposed the bail application and submits that there are so many criminal cases are pending against the present applicant.
Considering that the charge sheet has already been filed and the trial is going to take long time, this application is allowed.
It is directed that applicant Pankaj Kumar Patel shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trail Court for his presence before the said Court on all the dates of hearing fixed in this regard during the trial.
This order will remain operative subject to compliance of the following conditions :-
"1. The applicant will comply with all the terms and conditions of the bond executed by him.
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant 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 applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench;3
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The learned concerned 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 applicant during period of bail as a consequence of this order."
A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Sheetal Tiwari, learned Panel Lawyer, on their respective email address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below.
(Nandita Dubey) Judge gn Digitally signed by GEETHA NAIR Date: 2020.07.16 15:21:34 +05'30'