Khuman And Others vs State Of M.P

Rohit Arya, J

This is the second application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicants - Khuman and Dharmendra. Their earlier application was dismissed as withdrawn by order dated 08.09.2020 passed in M.Cr.C. No. 32493/2020 with liberty to revive after four weeks. The applicants are in custody since 13.08.2020 in connection with crime No. 257/2020 registered at Police Station Biaorra Disttt. Rajgarh for the offence punishable under section 34(2) of Excise Act.

As per prosecution story, 100 bulk litres of illicit country made liquor was recovered from the joint possession of applicants without any license. Accordingly, case has been registered against the applicants.

Investigation is complete. Challan has been filed.

Learned counsel for the applicants submits that applicants are innocent and they have been falsely implicated. Since investigation is complete and challan has been filed, the applicants are not required for further custodial investigation. The applicants are in custody since 13.08.2020. Due to their jail incarceration, family is on the verge of starvation as they are the sole bread earner and are in custody since the last two months. Looking to Covid- 19, the Court proceedings are paralyzed and regular proceedings are not taking place as a result possibility of undue and prolonged delay of trial cannot be ruled out. Under such circumstances, the applicants deserves to be enlarged on bail on such terms and conditions, this Hon'ble Court deems fit and proper.

Per contra, learned Panel Lawyer has opposed the bail application supporting the order impugned.

This Court refrains from commenting upon merits of the arguments so advanced, but regard being had to the fact that applicants are in custody since 13.08.2020, investigation is complete and chargsheet has been filed, they are no more required for further custodial interrogation and the trial is not likely to conclude in the near future. Hence, they are held entitled for enlargement on bail.

Consequently, the application of the applicants filed under Section 439 of the Cr.P.C., is hereby allowed. It is directed that the applicants be released on bail, on furnishing personal bond in the sum of Rs. 1,50,000/- (Rupees one lakh and fifty thousand only) each with one solvent surety in the like amount to the satisfaction of the trial Court, on the condition that they 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 applicants shall mark their attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.

ii) the applicants 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 applicants, the medical examination of the applicants 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 applicants 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 applicants, the prosecution is at liberty to seek cancellation of the bail granted to the applicants.

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.