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2020 DIGILAW 485 (MP)

Smt. Phoolvati Vaishya v. State Of Madhya Pradesh

2020-04-28

S.A.DHARMADHIKARI

body2020
JUDGMENT 1. The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail. 2. The applicant has been arrested by Police Station Gwalior, District Gwalior, in connection with Crime No. 170/2020 registered in relation to the offence punishable under section 34(2) of Excise Act. 3. Allegations against the applicant, in short, are that on the basis of information received from the informer, the police apprehended the applicant and recovered from her possession 54 bulk litres of country made liquor. On the basis of aforesaid, the applicant has been implicated in the present case. 4. Learned counsel for the applicant submits that the applicant is a woman aged about 65 years and has been falsely implicated. She is in custody since 22/3/2020. She is not involved in the alleged offence. The applicant has no criminal antecedents. The offence is triable by JMFC. Attention has also been invited to the guidelines issued to all the States and Union Territories by the Apex Court for de-congesting the prisons in suo motu W.P. (C) No. 1/2020 (IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS) to consider release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less by constituting a High Powered Committee. Applicant is a permanent resident of Gwalior and there is no likelihood of her absconsion or tampering with the prosecution evidence. With the aforesaid submissions, prayer for grant of bail is made. 5. Learned Public Prosecutor opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. 6. However, it would not be desirable to enter into the merits of the rival contentions at this juncture. 7. Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant. 8. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely Smt. Phoolwati Vaishya be released on bail on furnishing a personal bond in the sum of Rs. 8. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely Smt. Phoolwati Vaishya be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) to the satisfaction of the trial Court/committal Court for her appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking that she will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus. 9. This order will remain operative subject to compliance of the following conditions by the applicant :- 1. The applicant will comply with all the terms and conditions of the bond executed by her; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant will not seek unnecessary adjournments during the trial; and 5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 6. If the applicant commits any offence while on bail, this order shall automatically stand cancelled without reference to the Court. 10. Learned Public Prosecutor is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action. 11. E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court. 12. Certified copy/e-copy as per rules/directions.