Devilal vs State Of Madhya Pradesh

Rohit Arya, J

This is the second repeat application under section 439 Cr.P.C.

The first application was dismissed as withdrawn by this Court vide order dated 09/09/2020 passed in M.Cr.C. No.31690/2020 with liberty to revive

the prayer after six weeks. The applicant is in custody since 16/08/2020 in connection with crime No.971/2020 registered at Police Station Chimanganj

Mandi, District-Ujjain for the offence punishable under section 49-A of M.P. Excise Act.

As per prosecution story, applicant was found to be in unauthorized possession of 10 bulk liters of liquor harmful for human consumption. However,

there is no FSL report on record. Accordingly case has been registered. Investigation is complete and charge-sheet has been filed.

Learned counsel for applicant submits that applicant is innocent and he has been falsely implicated in the offence. Even otherwise, investigation is

complete and challan has been filed and as such, he is not required for custodial investigation. It is further submitted that applicant has already

suffered jail incarceration for more than three months and due to his jail incarceration, his 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 supports the order impugned and opposes the bail application. He fairly submits that applicant has one criminal

antecedent registered under the IPC.

Upon hearing learned counsel for the parties but, without touching on merits of the contentions so advanced, regard being had to the fact that applicant

has suffered jail incarceration since 16/08/2020, and not required for further custodial interrogation. However, applicant has one criminal antecedent of

IPC but, there is no criminal case of the nature as one in hand. Due to Covid-19 pandemic, possibility of delay in conclusion of trial cannot be ruled

out. Hence, he is held entitled for enlargement on bail.

Consequently, it is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only)

with one solvent surety in the like amount to the satisfaction of the trial Court, on the condition that he shall remain present before the Court concerned

during trial and also comply with the conditions enumerated under Section 437(3) of Cr.P.C., with following further conditions:

(i) the applicant shall mark his attendance on 2nd and 4th Saturday of every month before the Police Station concerned between 10 am to 12 noon;

(ii) the applicant will 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 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.

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.

Registry is directed to send an e-copy of this order to the the Court concerned for necessary compliance.

E-certified copy as per rules.