Jaswant Singh vs State Of M.P

Vishal Mishra, J

The applicant has filed this second application u/S 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Chachoda, District

Guna in connection with Crime No.85/2021 registered in relation to the offence punishable under Section 34(2) of the M.P. Excise Act. First

application was dismissed as withdrawn vide order dated 30.04.2021 passed in M.Cr.C. No.21221/2021 with liberty to repeat the same along with

criminal antecedents of the applicant.

It is submitted that the applicant has been falsely implicated in the case. He has not committed the offence in any manner. According to the

prosecution story, 3500 litres of handmade country liquor has been seized from the possession of the present applicant. He is in custody since

09.03.2021. It is submitted by the Counsel for the applicant that in view of criminal antecedents of the applicant, he is ready and willing to abide by any

stringent condition which may be imposed by this Court including that of cash surety. It is argued that looking to the present scenario of COVID 19

pandemic coupled with the directions issued by the Hon'ble Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN

PRISONS in SUO MOTU W.P. (C) No. 1/2020 as well as by the Division Bench of the Principal seat on 17.05.2021 IN RE: CONTAGION OF

COVID 19 VIRUS IN PRISONS in SUO MOTU W.P.(C) No.9320/2021 regarding decongestion of prisoners, he prays for grant of bail. He is ready

to abide by all the terms and conditions that may be imposed by this Court while considering his application for grant of bail.

Per contra, counsel for the State has opposed the application stating that the applicant is having a criminal history of five cases out of which three

cases are of similar nature. There is a recovery of 3500 litres of handmade country liquor from the present applicant. He prays for rejection of the

application.

Heard the learned counsel for the parties and perused the case diary. Considering the overall facts and circumstances of the case and looking to the

present scenario of COVID 19 pandemic as well as considering the judgments passed by the Hon'ble Supreme Court and Division Bench of this Court

in the aforementioned cases and looking to the custody period of the applicant, this Court deems it appropriate to allow this application. Accordingly,

the application is allowed. The applicant is directed to be released on bail on furnishing cash surety of Rs. 1,00,000 (Rs. One Lac) to the satisfaction of

the Trial Court or C.J.M. or Remand Magistrate (Whosoever is available), as the case may be with submission of written undertaking and he will

abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well

as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install

Arogya Setu App, if not already installed.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of

the State counsel to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the

concerned SHO regarding the same.

Accordingly, it is directed that before releasing the applicant, the jail authorities shall get the applicant examined by a competent Doctor and if the

Doctor is of the opinion that his Corona Virus test is necessary, then the same shall be conducted. If the applicant is not found suspected of Covid19

infection or if his test report is negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his

house as per the directions issued by the Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS (Supra) , and if

he is found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. The applicant is further

directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating Covid19. If

it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local

Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody

and would send him to the same jail from where he was released. The applicant is further directed to supply a copy of this bail order to the police

station having jurisdiction over his place of residence.

This order shall remain in force, till the conclusion of Trial. In case of bail jump, or violation of any of the condition(s) mentioned above, this order shall

automatically lose its effect.

It is made clear that single default in appearance before the Trial Court, or in case of registration of new offence, this bail order shall automatically

come to an end and the cash surety so furnished by the applicant shall automatically stand forfeited without any reference to the Court.

With aforesaid observations, this application is Allowed. E- copy of this order be provided to the applicant and E-copy of this order be sent to the trial

Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this

order.