Madhya Pradesh High Court
Ramrahish vs The State Of M.P. on 20 October, 2020
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.34141/2020
(Ram Raheesh Vs. State of M.P. )
Gwalior Bench: Dated 20/10/2020
Shri Lokendra Shrivastava, learned counsel for the
applicant.
Shri K.K.Prajapati, learned Panel lawyer for the
respondent/State.
Matter is heard through Video Conferencing. The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 22.7.2020 by Police Station, Forest Department Game range Ambah, District Morena, in connection with P.R.O. No.22170/2005 for the offence punishable under Sections 27, 29, 39(1)D, 50, 51, 52 of the Wile Life Protection Act and Sections 41 and 52 of the Indian Forest Act, 1927. First application has been dismissed as withdrawn.
It is the submission of learned counsel for the applicant that he is suffering confinement since 22.7.2020 and charge-sheet has already been filed. It is further submitted that applicant has learnt the lesson hard way and he would not involve in any such criminal activity which is detrimental to the environment. It is further submitted that looking to the period of custody and the undertaking of the applicant that he would mend his ways, his bail application be considered for releasing him on bail. Confinement amounts to pretrial detention. He undertakes to cooperate in trial HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No.34141/2020 (Ram Raheesh Vs. State of M.P. ) and further undertakes to perform community service to purge his misdeeds, if any and to serve environmental/national/social cause on his own volition. On these premises, he prayed for bail Learned counsel for the State opposed the prayer on the ground that applicant was owner of the vehicle which was found transporting sand on illegal pretext without permit/licence.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.
Considering the submissions, specially the period of custody and the undertaking of the applicant that he would not involve in any such criminal activity in future, but without expressing any opinion on the merits of the case, this application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) along with one solvent surety of the like amount to the satisfaction of trial Court.
In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his preliminary Corona Virus test shall be conducted and if he is found positive then the applicant shall be immediately sent to concerned hospital for his treatment as per medical norms but if he is found negative, then he shall be released. After his release, the applicant is further directed HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No.34141/2020 (Ram Raheesh Vs. State of M.P. ) to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19.
This order will remain operative subject to compliance of the following conditions by the applicant :-
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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused ;
5. Applicant will not seek unnecessary adjournments during trial ;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
7. The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.
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E- copy of this order be sent to the trial Court concerned for compliance, if possible from the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Anand Pathak) Judge ms/-
MADHU SOODAN PRASAD 2020.10.21 12:11:09 -07'00'