Madhudarbar vs State Of MP

Rohit Arya, J

This is the first bail application under Section 439 of the Criminal Procedure Code, 1973. The applicant is in jail since 21.12.2020 in connection with

Crime No.460/2020 registered at P.S., Badwani, District Badwani, for offence punishable under Section 34(2) of M.P.Excise Act.

As per prosecution story, the applicant was found to be in unauthorized possession of 75 bulk litres of liquor. Accordingly, the case has been

registered.

Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated. Investigation is complete and the challan

has been filed. No further custodial investigation is required. The applicant has already suffered jail incarceration since 21.12.2020. The co-accused

person namely; Akash has been enlarged on bail by this Court vide order dated 16.12.2020 passed in MCRC No.48172/2020. He is sole bread earner

of the family and his family is on the verge of starvation due to jail incarceration. Due to prevailing 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.

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

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 21.12.2020, not required for custodial interrogation, due to Covid- 19, the possibility of delay in conclusion of trial cannot be ruled out and on the

ground of parity, it is considered apposite to enlarge the applicant on bail.

Consequently, the 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.1,50,000/- (Rupees 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 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 shall mark his presence before the concerned concerned Police Station on every 2nd and 4th Saturday of every month between 10.00

AM to 12.00 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 time-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, then the consequential follow up action including the

isolation/quarantine 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 future, if the 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;

(v) 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.

E-certified copy as per rules.