Ghisiya vs The State Of Madhya Pradesh on 25 June, 2020

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Madhya Pradesh High Court

Ghisiya vs The State Of Madhya Pradesh on 25 June, 2020

This is the first application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicants; cleaner and driver respectively. The applicants are in custody since 22/02/2020 in connection with crime No. 116/2020 registered at Police Station Barwani, District-Barwani for the offence punishable under Section 8/20 of the NDPS Act and Section 34(2) of M.P. Excise Act.

As per the prosecution story, applicants were traveling as cleaner and driver in the bus bearing registration No.MP11 P 0909. The bus was intercepted and 54 bulk ltrs. liquor was found in the gunny bags on the roof top of the bus and 2.5 kg Ganja was also found behind the seat of the driver. Accordingly, case has been registered.

Learned counsel for the applicants submits that applicants have been falsely implicated in the case. Investigation is complete. Challan has been filed. They are no more required for further custodial interrogation. While adverting on the merits of the case, it is submitted that infact applicants had no knowledge about such contraband. The same was presumed to be belong to the applicants. Even otherwise, applicants have suffered jail incarceration for over four months. Due to Covid- 19, the Court proceedings are paralyzed and regular proceedings are not taking place as a result there is possibility of undue and prolonged delay of trial in the obtaining facts and circumstances cannot be ruled out. Applicants are sole bread earner of their family. The family is on the verge of starvation. Under such circumstances, the applicants deserve to be enlarged on bail on such terms and conditions, 2 MCRC-15957-2020 Hon'ble Court deems fit and proper.

Learned Panel Lawyer opposes the bail application and supported the impugned order.

At this stage, learned counsel for the applicants on instructions received from the applicants volunteer to deposit an amount of Rs.10,000./- (Rupees Ten thousand only) each, in the office of Collector, District- Barwani to be utilized for providing clothing, food and other essential amenities required for old age people living in old age homes or Vidwa Ashram, orphans living in orphange in the district in dire need of such amenities/facilities and such old age homes which are not in receipt of any aid from the government or otherwise which are running on donations and also to Covid-19 patients and such persons who have lost their means of livelihood during the pandemic Covid-19 and to provide food to stray animals (ykokfjl i'kq), like cows, dogs etc. The same shall have no bearing on merits of the trial but, for enlargement of the applicants on bail and obtain a receipt.

Upon hearing learned counsel for the parties but, without touching on merits of the contentions so advanced, regard being had to the fact that the applicants have suffered jail incarceration for over four months and they have no criminal antecedents. Applicants are not required for further custodial interrogation, 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 applicants filed under Section 439 of the Cr.P.C., is hereby allowed. It is directed that the applicants be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety in the like amount to the satisfaction of the trial Court, on the condition that they 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 applicants shall deposit an amount of Rs.10,000./- (Rupees Ten thousand only) each in the office of Collector, District-Barwani to be

3 MCRC-15957-2020 utilized for providing clothing, food and other essential amenities required for old age people living in old age homes or Vidwa Ashram, orphans living in orphange in the district in dire need of such amenities/facilities and such old age homes which are not in receipt of any aid from the government or otherwise which are running on donations and also to Covid patients and such persons who have lost their means of livelihood during the pandemic Covid-19 and to provide food to stray animals (ykokfjl i'kq), like cows, dogs etc. The same shall have no bearing on merits of the trial but, for enlargement of the applicants on bail and obtain a receipt.

The Collector shall be at his discretion to utilize the funds so deposited for the aforesaid purpose depending upon the requirements upon due verification.

The office of Collector is directed to maintain a separate account (for production of the record as and when directed for).

The applicants shall submit an attested photocopies of the receipts 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.

(ii) the applicants shall furnish written undertakings with their complete residential details that they 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);

(iii) the applicants shall install Aarogya Sethu App (if not already installed) in their mobile phones;

(iv) the applicants shall not tamper with the evidence in any whatsoever in any manner or induce or threat any person acquainted with the facts of the case;

4 MCRC-15957-2020

(v) the applicants shall cooperate during trial and will not seek unnecessary adjournments during trial;

(vi) the applicants shall not leave the India or the area without previous permission of the trial Court/Investigating Officer, as the case may be;

(viii) the concerned jail authorities are directed that before releasing the applicants, the medical examination of the applicants be conducted through the jail doctor and if it is prima facie found that they are 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 applicants 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 their place of residence;

In the event of violation of any of the terms and conditions of the order by the applicants, the prosecution is at liberty to seek cancellation of the bail granted to the applicants.

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 vc VARSHA Digitally signed by VARSHA CHATURVEDI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH CHATUR COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=df59fbf0f5c7485addc8affe3e VEDI df20e67d11d7f91045d81139f6792fbd 4ae91f, cn=VARSHA CHATURVEDI Date: 2020.06.25 18:04:38 +05'30'

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Madhya Pradesh High Court