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Madhya Pradesh High Court

Shankar vs The State Of Madhya Pradesh on 25 August, 2021

Author: Rohit Arya

Bench: Rohit Arya

1                        M.Cr.C.No.40728/2021
                        (Shankar Vs. State of M.P.)

Indore : Dated 25.8.2021

      Shri Vijay Kumar Dubey, learned counsel for the applicant.

      Shri Amit Singh Sisodia, learned Govt.Advocate for the

respondent/State.

This is first bail application under Section 439 Cr.P.C. The applicant is in custody since 31.5.2021 in connection with Crime No.249/2021 registered at P.S., Javad, District Neemuch for the offence punishable under Section 8 read with 15 of NDPS Act.

As per prosecution story, the applicant and the co-accused were found to be in possession of 30 Kg. Poppy Straw unauthorizedly and illegally. Accordingly, case has been registered.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the offence. The investigation is complete and challan has been filed. He is not required for custodial investigation. The applicant has suffered jail incarceration since 31.5.2021. Looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Hence, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper.

Per contra, learned counsel for the respondent/State supports the order impugned and opposes the bail application. 2 M.Cr.C.No.40728/2021

(Shankar Vs. State of M.P.) At this stage, Shri Dubey, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to grave critical social economic condition, applicant volunteers to deposit a sum of Rs.35,000/- (Rs.Thirty Five Thousand only) in the office of Jila Bal Sanrakshan Samiti, Neemuch (Account No.031854494225 State Bank of India IFSC code SBIN0030055) to be utilized for providing clothing, food and other essential amenities required for old age persons living in old age homes, widhwas living in vidhwa aashrams, orphans living in orphanage, sufferers of Covid-19 Pandemic as well as for providing facility of bio gas plant (Gobar Gas) to poor villagers, agriculturists for enabling them to avail the LPG gas for domestic purpose, so also for providing basic amenities (i.e. shed, chairs, lights, water cooler with RO, Ceiling Fans etc.) in District Jail, Neemuch, where Advocates and relatives meet the prisoners for consultations/discussions. However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of applicant on bail.

Upon hearing learned counsel for the parties, but without touching merits of the contentions so advanced, regard being had to the fact that applicant has suffered jail incarceration since 31.5.2021, not required for further custodial interrogation and due to Covid-19 3 M.Cr.C.No.40728/2021 (Shankar Vs. State of M.P.) pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, 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 allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.1,00,000/- (Rs.One Lac 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 mark his attendance before the concerned police station on 2 nd and 4th Saturday of every month between 10:00 a.m. to 12:00 noon.

(ii) the applicant shall prepare a demand draft for Rs.35,000/- (Rs.Thirty Five Thousand only) in the office of Jila Bal Sanrakshan Samiti, Neemuch (Account No.031854494225 State Bank of India IFSC code SBIN0030055) to be utilized for providing clothing, food and other essential amenities required for old age persons living in old age homes, widhwas living in vidhwa aashrams, orphans living in orphanage, sufferers of Covid-19 Pandemic as well as for providing facility of bio gas plant (Gobar Gas) to poor villagers, agriculturists for enabling them to avail the LPG gas for domestic purpose, so also for providing basic amenities (i.e. shed, chairs, lights, water cooler with RO, Ceiling Fans etc.) in District Jail, Neemuch, where Advocates and relatives meet the prisoners for consultations/discussions. However, the amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicant in any manner whatsoever.

(Shankar Vs. State of M.P.)

(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 production of the record as and when directed for).

(iv) 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);

(v) 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.

(vi) 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.

(vii) 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.

(Shankar Vs. State of M.P.) The observation on facts are only for the purpose of deciding the instant bail application and shall have no bearing on the pending trial, in any manner whatsoever.

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.

Certified copy as per rules.

(Rohit Arya) Judge Patil Digitally signed by SHAILESH PATIL Date: 2021.08.25 17:52:15 +05'30'