Mahendra Meshkar vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is second bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure. Earlier bail application was

dismissed as withdraw with liberty to file an appropriate application before the trial Court.

The applicant is in custody since 03.02.2021 in connection with Crime No. 97/2021 registered at Police Station- Kotwali, District-Hoshangabad (M.P.)

for the offence punishable under Section 34(2) of the M.P. Excise Act.

As per prosecution case, on 30.01.2021, 57.280 bulk liters whiskey was seized from the possession of present applicant-accused.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He is not previously convicted, so there is no

probability to repeat the offence. Applicant is in jail since 03.02.2021. Charge-sheet has been filed. Applicant is breadwinner of his family. If the

applicant is kept in jail for unlimited period, future of his family will be spoiled. It is time of COVID-19 Pandemic, due to which conclusion of trial will

take time for final disposal. There is no probability of his absconding or tampering with the evidence of the prosecution. During the trial, the statements

of independent witnesses Shiva Rajput and Akhilesh have been recorded by the trial Court but they did not support the case of prosecution. On these

grounds, he prays for allowing this application.

P.L. for the respondent/State while opposing the bail application submits that applicant/accused has previous criminal record. Therefore, he prays for

rejecting this bail application.

Considering the contention of both the parties and the fact that applicant is not previously convicted, applicant is in jail since 03.02.2021, charge-sheet

has been filed, during the trial, the statement of independent witnesses have been recorded by the trial Court but independent witnesses did not support

the case of prosecution, applicant is breadwinner of his family, it is time of COVID-19 Pandemic, due to which conclusion of trial will take time for

final disposal, there is no probability of his absconding or tampering with the evidence of the prosecution, so it is not appropriate to keep the applicant-

accused in jail whole the trial, therefore, without commenting on merits of the case, application of the present applicant under Section 439 of the

Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

 It is directed that the applicant-Mahendra Meshkar shall be released on bail on his furnishing a bail bond in the sum of Rs. 1,00,000/- (Rupees One

Lakh Only) with two solvent sureties of the amount of Rs. 50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the concerned trial Court

for his appearance before it on the dates given by the concerned Court.

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

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

The applicant will cooperate in the trial;

3 . T he applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact 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 him is accused;

The applicant will not seek unnecessary adjournments during thetrial; and

The applicant will not leave India without previous permission of the trial Court.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing.

Further, in view of the order passed by the Hon'ble Supreme Court in suo motto W.P.No.1/2020, it would be appropriate to issue the following

direction to the jail authority :-

The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in

appropriate quarantine facility.

Certified copy as per rules.