Madhya Pradesh High Court
Rambabu vs The State Of Madhya Pradesh on 6 July, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 M.Cr.C.No.26101/2021
(Rambabu Vs. State of M.P.)
Indore : Dated 6.7.2021
Shri Harshwardhan Sharma, learned counsel for the applicant.
Shri Arjun Pathak, learned Panel Lawyer for the respondent/State.
Heard through video conferencing.
This is first bail application under Section 439 Cr.P.C. The applicant is in custody since 14.5.2021 in connection with Crime No.286/2021 registered at P.S., Biaora City, District Rajgarh for the offence punishable under Section 34(2) of M.P.Excise Act.
As per prosecution story, 80 bulk litres of illicit country made liquor has been recovered from possession of the applicant. Accordingly, case has been registered against the applicant.
Learned counsel for the applicant submits that is innocent and he has been falsely implicated in the offence. The applicant is in custody since 14.5.2021. Investigation is complete and challan has been filed. He is not required for further custodial investigation. Due to his jail incarceration, family is in penury. 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 opposes the application supporting the order impugned.
Upon hearing learned counsel for the parties, but without commenting on the rival contentions touching merits of the case, regard being had to the fact that applicant is in custody since 14.5.2021, not required for further custodial interrogation and due to Covid-19 pandemic, 2 M.Cr.C.No.26101/2021 (Rambabu Vs. State of M.P.) 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 his 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 they 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 every month between 10:00 AM to 12:00 Noon.
(ii) the applicant shall 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 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.
(iv) 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.
(v) in future, if the applicant are 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.
3 M.Cr.C.No.26101/2021
(Rambabu Vs. State of M.P.) 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: 2021.07.07 10:21:36 +05'30'