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2020 DIGILAW 1138 (MP)

Shailendra Richhariya v. State Of Madhya Pradesh

2020-10-19

RAJENDRA KUMAR SRIVASTAVA

body2020
JUDGMENT Rajendra Kumar Srivastava, J. - This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure. 2. The applicant is in custody since 28.9.2020, in connection with Crime No.427/2020, registered at Police Station Lavkush Nagar, Chhatarpur, District Chhatarpur (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act. 3. As per prosecution story, on 28.9.2020, on the basis of information received from informant, police officials of Lavkush Nagar, Chhatarpur, District Chhatarpur, reached on the spot and seized 54 bulk liters of country made (white) liquor from the possession of accused/applicant carrying on a motorcycle which was being driven by the applicant. 4. Learned counsel for the applicant submits that applicant is in jail since 28.9.2020. The accused/applicant has been falsely implicated in this case. No liquor was seized from the possession of applicant, so no case is made out under Section 34(2) of M.P. Excise Act. Investigation is complete. There is no previous criminal antecedent against the applicant, therefore, there is no probability to repeat the offence. It is the time of COVID-19, so proceedings before the trial Court is withheld and conclusion of trial will take long time in its final hearing. There is no probability of his absconding or tampering with the prosecution evidence. The accused/ applicant ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant. 5. Per-contra, learned Panel Lawyer opposes the bail application. 6. After hearing arguments of the parties and looking to the facts and circumstances of the case, the applicant is in jail since 28.9.2020 and the fact that applicant has no previous criminal antecedent, so there is no probability to repeat the offence, no liquor was seized from the possession of accused/applicant, the trial will take time for final disposal, investigation is complete, it is the time of COVID-19, so further proceedings in the trial Court is withheld and conclusion of trial will take long time in its final disposal, there is no probability of his absconding or tampering with the prosecution evidence, it would be appropriate to release the applicant on bail, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed. Consequently, it is hereby allowed. 7. It is directed that applicant-Shailendra Richhariya be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one surety of the same amount each to the satisfaction of the JMFC concerned or 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. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing. 8. 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 suf ering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out. 3 . If it is found that the applicant is suf ering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility. 9. Certified copy as per rules.