Mansharam vs State Of Madhya Pradesh

Rohit Arya, J

This is the first bail application under Section 439 of the Criminal Procedure Code, 1973 filed on behalf of the applicant. The applicant is in jail since

18.03.2021 in connection with Crime No.76/2021 registered at P.S., Bhagwanpura District Khargone, for offence punishable under Section 34(2) and

49-A of M.P. Excise Act.

As per prosecution story, applicant was found to be in possession of 60 bulk litres (40 litres spirit and 20 litres country made liquor) of illicit country-

made liquor harmful for human consumption. Accordingly, case has been registered against the present applicant.

Investigation is complete and chargsheet has been filed.

Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated. The applicant is in custody since

18.03.2021 Investigation is complete and challan has been filed. He is not required for further custodial investigation. Applicant is the sole bread

earner and due to his jail incarceration, the family is in penury. Looking 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 18.03.2021, investigation is complete and chargsheet has been filed, he is not required for custodial investigation and due to Covid-19 pandemic,

the possibility of delay in conclusion of trial cannot be ruled out. Hence, applicant is held entitled for enlargement 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. 1,00,000/- (Rupees one lakh 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 attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.

(ii) the applicant shall 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 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) on violation of conditions, State is free to apply for cancellation of bail.

(v) 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;

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.