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2020 DIGILAW 1087 (MP)

Ramkishore Saket v. State Of Madhya Pradesh

2020-10-12

RAJENDRA KUMAR SRIVASTAVA

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JUDGMENT Rajendra Kumar Srivastava, J. - This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure. The applicant is in custody since 18.08.2020 in connection with Crime No. 340/2020 registered at Police Station- Gurh, District-Rewa (M.P.) for the offence punishable under Section 8/20 (Kha) of the NDPS Act. 2. As per prosecution case, on 18.08.2020, Police Officials Police Station Gurh, District Rewa received an information that applicant-accused is cultivating the plant of Cannabis (Ganja) thereafter, Police Officials reached at Village-Kariyajhar and seized seven plants of cannabis in the field of present applicant-accused. Present applicant-accused was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent person and has been falsely implicated in this case. He is 70 years old person. Applicant-accused is resident of Village Kapuri Baidolihan, Tahsil Churhat, Janpad Panchayat Rampur Naikin, District Sidhi, he is not resident of Village Kariyajhar, No plants of cannabis (ganja) has been seized from the possession of the present applicant-accused. He has no criminal antecedent. Applicant is in jail since 18.08.2020. Charge-sheet has been filed. There is no probability of his absconding or tampering with the evidence of the prosecution. It is the time of COVID-19 Pandemic due to which further proceeding in trial is withheld, so trial will take time for final disposal. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant. 4. Learned P.L. for State opposes the bail application. 5. It is the time of COVID-19 Pandemic due to which further proceeding in trial is withheld, so trial will take time for final disposal. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant. 4. Learned P.L. for State opposes the bail application. 5. Considering the contention of both the parties and the fact that applicant is 70 years old person,there is no criminal antecedent against the present applicant, so there is no probability to repeat the offence, it is alleged by the applicant-accused that he is resident of Village Kapuri Baidolihan, Tahsil Churhat, Janpad Panchayat Rampur Naikin, District Sidhi, he is not resident of Village Kariyajhar, he is in jail since 18.08.2020, charge-sheet has been filed, it is the time of COVID-19 Pandemic due to which further proceeding of trial is withheld so trial will take long time for its final disposal, and there is no probability of his absconding or tampering with the prosecution evidence, this court is of the view that it is not appropriate to keep the present applicant in jail whole the trial, so without commenting on merits of the case, application of the present applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed. 6. It is directed that applicant-Ram Kishore Saket be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one surety of the same amount to the satisfaction of the concerned trial Court for his appearance before the trial Court on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. 7. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :- 1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release. 2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out. 3. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release. 2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out. 3. If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility. 8. Certified copy as per rules.