Kamalsingh vs State Of M.P

Rohit Arya, J

 This is the second bail application under Section 439 Cr.P.C. First application of the applicant was dismissed as withdrawn on 23/06/2021 vide

M.Cr.C.No.30283/2021 with a liberty to revive the prayer after four weeks. Now the four weeks' period is over. The applicant is in custody since

09/06/2021 in connection with Crime No.219/2021 registered at Policed Station â€" Ghattiya, District Ujjain for the offence punishable under Section

34(2) of the M.P.Excise Act.

As per prosecution story, applicant was found to be in unauthorized possession of 60 bulk litres of country made liquor unauthorizedly and illegally.

Accordingly, case has been registered.

Investigation is complete and charge-sheet has been filed.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the offence. He is not required for custodial

investigation. This Court has granted four weeks' liberty to revive the prayer at the time of withdrawing the first bail application and now the period of

four weeks is over. It is further submitted that applicant has already suffered jail incarceration since 09/06/2021 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 with submission that there is one criminal antecedents

of the year 2016 as against the present applicant under the Indian Penal Code, 1860. Hence, the applicant is not entitled for enlargement on bail.

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

has suffered jail incarceration since 09/06/2021, not required for further custodial interrogation and 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, the second bail application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is

directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety

in the like amount to the satisfaction of the learned Trial Court and 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 Criminal Procedure Code, 1973 with following further conditions:-

(i) 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 time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation

of Novel Corona virus (COVID-19);

(ii) the applicant shall mark his attendance before the concerned Police Station on 2nd and 4th Saturday of every month between 10.00 am to 12.00

noon.

(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, then the consequential follow up action 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) violation of conditions, State is free to apply for cancellation of bail;

(v) in future if applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this

bail order shall stand cancelled automatically.

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.

Observation on facts are only for the purpose of deciding the instant bail application and shall have no bearing on the pending trial, in any manner

whatsoever.

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

E-certified copy as per rules.