Madan Singh vs State Of Mahdya Pradesh

Rohit Arya, J

This is first bail application under Section 439 Cr.P.C. filed on behalf of the applicant. The applicant is in custody since 23/01/2021 in connection with

Crime No.38/2021 registered at P.S. Pachore, District Rajgarh (M.P.) for the offence punishable under Sections 8/20 of N.D.P.S. Act.

As per prosecution story, the applicant was found to be in illegal and unauthorized possession of 8 Kg 900 grams of Ganja. Accordingly, the case has

been registered against the applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the offence. He is neither in the business nor

involved in such nefarious activities of transportation of contraband. He is a poor person. Investigation is complete and charge-sheet has been filed.

He is not required for further custodial investigation.

Applicant has already suffered jail incarceration since 23/01/2021. He is the sole bread earner and due to his jail incarceration, his family is in penury.

Moreso, looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances, the prayer for grant of bail

may be considered on such terms and conditions as this Court deems fit and proper. The co-accused Suresh has been enlarged on bail vide order

dated 30.04.2021 in M.Cr.C.No.21186/2021 and the case of th present applicant is similar to that of co-accused.

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

At this stage, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to the grave critical social economic

condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage, the applicant is prepared to deposit a sum of

Rs.25,000/- (Rs.Twenty Five Thousand only) in favour of Collector Rajgarh for the purpose of providing basic amenities, clothing, food/food items and

other essential amenities required for old age people living in old age homes or orphans living in orphanage in the city of Rajgarh, in dire need of such

amenities/facilities and such old age homes and also to such persons who have lost their means of livelihood during the pandemic Covid-19. However,

the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of applicant on bail.

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

since 23/01/2021, applicant is poor person, not required for custodial interrogation and the possibility of delay in conclusion of trial cannot be ruled out,

he is held entitled for enlargement on bail. However, the aforesaid deposit of amount shall have no bearing in the pending trial and shall not cause any

prejudice to the applicant.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. However, the amount

so deposited, shall not prejudice their rights in pending trial, in any manner. It is directed that the applicant be released on bail on his furnishing personal

bond in the sum of Rs.1,50,000/- (Rs. One Lakh Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned Trial

Court and on the condition that he will 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 will prepare demand drafts of an amount of Rs.25,000/- (Rs. Twenty Five Thousand only) in favour of Collector Rajgarh to be utilized

for providing clothing, food and other essential amenities required for the orphans living in orphanage in the District, physically challenged persons and

also to such persons who have lost their means of livelihood during the pandemic Covid- 19 and the same have shall no bearing on merit of the trial but

for enlargement of the applicant on bail and obtain a receipt.

(ii)(a) the applicant will submit the aforesaid original demand drafts alongwith copy of the order passed today through his counsel before the Principal

Registrar of this Bench, for keeping the same in his safe custody.

(ii)(b) The Registry is directed to accept the original demand drafts without mentioning the account number therein. However, ensure that the same is

in relation to the present case.

(ii)(c) as and when directed the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand drafts

to the concerned authority in that behalf.

(iii) the aforesaid authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Rajgarh is

also directed to maintain a separate account (for production of the record as and when directed for).

(iv) the applicant will submit an attested photocopy of the receipt before the Principal Registrar of this Bench, for placing the same on record of this

case. The Principal Registrar shall produce the same as and when required by this Court in the form of PUD.

(v) the applicant shall mark his/her attendance before the concerned Police Station on second and fourth Saturday of every month between

(vi) 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 will be released on bail in terms of the conditions imposed in this order;

(vii) violation of conditions, State is free to apply for cancellation of bail.

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 Court concerned for necessary compliance.

It is made clear that this e-copy order be treated as Certified copy in terms of the advisories issued by the High Court from time-to-time.

Certified copy as per rules.