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2020 DIGILAW 961 (MP)

Ramesh v. State Of M. P.

2020-09-28

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. The applicant is in custody since 6.8.2020, in connection with Crime No.393/2020, registered at Police Station Pandhurna, District Chhindwara (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act. 2. As per prosecution story, on 6.8.2020, police of Police Station Pandhurna, District Chhindwara, received information from the informant that applicant along with other co-accused is carrying illicit liquor on a motorcycle-CD110 (without Registration number) contained in a black coloured tube. Thereafter, the police officials reached on the spot and seized 60 bulk liters of country made liquor from the possession of accused/applicant and other co-accused. 3. Learned counsel for the applicant submits that applicant is in jail since 6.8.2020. No liquor was seized from the possession of applicant. Charge sheet has been filed. It is the time of COVID-19, so further proceedings in the trial Court is withheld and conclusion of trial will take time. There is no previous criminal antecedent of the applicant. The applicant is not previously convicted under Section 34(2) of M.P. Excise Act, so, there is no probability to repeat the offence. There is no possibility of his absconding or tampering with the prosecution evidence. The applicant has been falsely implicated in this case. He is 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. 4. Per-contra, learned Panel Lawyer for the respondent-State opposes the bail application. 5. Considering the contention of both the parties and looking to the fact that the applicant is in jail since 6.8.2020, the applicant is not previously convicted, applicant has no previous criminal antecedent under Section 34(2) of M.P. Excise Act, so, there is no probability to repeat the offence, it is the time of COVID-19, so further proceedings in the trial Court is withheld and conclusion of trial will take time, 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. 6. Consequently, it is hereby allowed. 6. It is directed that applicant-Ramesh 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 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. 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. 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.