Madhya Pradesh High Court
Raju vs The State Of Madhya Pradesh on 6 April, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 M.Cr.C.No.17457/2021
(Raju Vs. State of M.P.)
Indore : Dated 6.4.2021
Shri Apoorv Joshi, learned counsel for the applicant.
Shri Ranjeet Sen, learned Govt.Advocate for the respondents/State.
This is second bail application under Section 439 Cr.P.C. The first bail application was dismissed as withdrawn on 19.1.2021 in M.Cr.C. No.51388/2020 with liberty to revive the prayer after six weeks. The applicant is in custody since 13.10.2020 in connection with Crime No.428/2020 registered at P.S., Badnawar, District Dhar for the offence punishable under Section 34(2) of M.P.Excise Act.
As per prosecution story, on an information regarding accident of Swift Car No.MP-43-C-5711 near Nageshwar Temple on Patlawad Road, Police reached on the spot. On search 225 bulk litres of country made liquor was seized. The said car was found to be in possession of the applicant. Accordingly, case has been registered.
Investigation is complete and challan has been filed. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the offence. He was not found on the spot. He is not required for custodial investigation. It is further submitted that applicant has already suffered jail incarceration since 13.10.2020. 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 Panel Lawyer supports the order impugned and opposes the bail application At this stage, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to grave critical social economic condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage, the applicant is prepared to 2 M.Cr.C.No.17457/2021 (Raju Vs. State of M.P.) deposit a sum of Rs.50,000/- (Rs.Fifty Thousand only) in the office of Collector, Dhar for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams or orphans living in orphanage in the city of Dhar in dire need of such amenities/facilities. 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 13.10.2020, not required for further custodial interrogation and due to Covid-19 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.2,00,000/- (Rs.Two Lacs 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 du ring 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 prepare a demand draft for Rs.50,000/- (Rs.Fifty Thousand only) in the office of Collector, Dhar to be utilized for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in Vidhwa Aashrams and orphans living in orphanage in the city of Dhar in dire need of such amenities/facilities and the amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicant in any manner whatsoever.3 M.Cr.C.No.17457/2021
(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, Dhar is also directed to maintain a separate account (for production of the record as and when directed for).
(iv) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.
(v) 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);
(vi) 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.
(vii) 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.
(viii) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or 4 M.Cr.C.No.17457/2021 (Raju Vs. State of M.P.) misuse the bail granted by this Court, this bail order shall stand cancelled automatically.
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.
E-certified copy as per rules.
(Rohit Arya) Judge Patil Digitally signed by SHAILESH PATIL Date: 2021.04.06 17:23:30 +05'30'