Madhya Pradesh High Court
Ravji vs The State Of Madhya Pradesh on 15 June, 2020
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-16427-2020
The High Court Of Madhya Pradesh
MCRC-16427-2020
(RAVJI Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 15-06-2020
Shri Ashish Gupta, Advocate for the applicant.
Shri R.K. Shastri, Panel Lawyer for the respondent/State.
Heard through video conferencing.
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 23.12.2019 in connection with crime No. 414/2019 registered at Police Station Chandra Shekhar Azad Nagar , District Alirajpur for the offence punishable under sections 34(2), 49-A of M.P. Excise Act and u/S 25, 25(1) of Arms Act.
As per prosecution story, applicant was found to be in possession of 135 litres of illicit country made liquor and one 12 bore gun with four live cartridges. Accordingly, the case has been registered against the applicant.
Investigation is complete. Challan has been filed. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. The applicant is in custody since 23.12.2019. Applicant is the sole bread earner and his further incarceration shall jeopardize life of the family members. Investigation is complete and challan has been filed. The applicant is not required for further custodial interrogation. 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 has opposed the bail application with the submission that applicant has criminal antecedents.
This Court refrains from commenting upon merits of the arguments so advanced, but regard being had to the fact that applicant is in custody since 23.12.2019 and investigation is complete and chargsheet has been filed and he is no more required for further custodial interrogation, he is held entitled for 2 MCRC-16427-2020 enlargement on bail.
Consequently, the application of the applicant filed under Section 439 of the Cr.P.C., is hereby allowed. It is directed that the applicant be released on bail, on furnishing personal bond in the sum of Rs 50,000/- (Rupees fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, 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 Cr.P.C., with following further conditions:
(i) 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 to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(ii) the applicant shall install Aarogya Sethu App (if not already installed) in his mobile phone;
(iv) the applicant shall not tamper with the evidence in any whatsoever in any manner or induce or threat any person acquainted with the acts of the case;
(v) the applicant shall cooperate during trial and will not seek unnecessary adjournments during trial;
(vi) the applicant shall not leave India or the area without previous permission of the trial Court/Investigating Officer, as the case may be;
(vii) 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
3 MCRC-16427-2020 place of residence;
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.
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 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.
(ROHIT ARYA) JUDGE sh SEHAR HASEEN Digitally signed by SEHAR HASEEN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=900ec6fc757798eaeb3df7a32860bd3298415a4d1c 2d91436213f2568c8f27da, serialNumber=e7dbba955b262c04b8413251ce7fb6f0b7dba 610c57f1559c08bf6c6f5dd40d4, cn=SEHAR HASEEN Date: 2020.06.15 18:06:50 +05'30'