Narayan Singh Panwar vs State Of M.P

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 13/02/2021 in connection with

Crime No.95/2020 registered at Police Station Manak Chowk, District Ratlam (M.P.) for the offences punishable under Section 380, 457 and 411 of

IPC.

As per prosecution story, an FIR was lodged on 11/03/2020 by the complainant with the allegation that somebody has drilled the wall of his house and

taken away valuables kept in the locker of almirah installed there on 05/03/2020. Total 61 valuables were stolen. During the course of investigation, on

the basis of information from informant, one Bharat was apprehended, who in his memo recorded u/S 27 of the Evidence Act has accepted the fact of

commission of theft alongwith other co-accused persons namely Krishnapal, Shivkumar, Narayan Singh, Hussain. They were apprehended on

different dates. During further investigation, it was revealed that they in turn sold the stolen items to Mahesh. Mahesh in his memo recorded u/S 27

Evidence Act revealed that he has sold some stolen articles to one of the co-accused Shahrukh after keeping part of it and from the possession of

present applicant 01 gold pendant, 02 small gold coins(ginni) and 01 big coin (ginni) [look like gold] were seized. Accordingly, case has been registered

against the present applicant.

Investigation is complete and charge-sheet has been filed. Learned counsel for the applicant submits that applicant is innocent and has been falsely

implicated in the offence. Applicant is in custody since 13/02/2021, investigation is complete and charg sheet has been filed on 31/03/2021. He is not

required for further custodial investigation. Applicant isthe 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. Hence, the applicant may be enlarged on bail on such terms and conditions

this Court deems fit and proper.

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 grave critical social economic

condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage and due to outbreak of Covid-9 Pandemic, the

applicant is prepared to deposit a sum of Rs.25,000/-(Rs. Twenty Five Thousand only) in favour of Jila Bal Sarakshan Samiti, Ratlam (State Bank of

India Account No.31863593860, IFSC Code SBIN0030437) 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, vidhwas living in vidhwa aashrams or orphans living in orphanage and also to the

sufferers of Covid-19 Pandemic in the city of Ratlam in dire need of such amenities/facilities. 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 13/02/2021, investigation is complete and charg sheet has been filed, he is not required for custodial interrogation. Moreso, due to Covid-19

pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, he 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 furnishing personal bond in the sum of Rs.2,00,000/- (Rs. Two Lacs 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 prepare a demand draft for Rs.25,000/-(Rupees Twenty Five Thousand only) of any Nationalized Bank in favour of Zila Bal

Sanrakshan Samiti, Distt. Ratlam [State Bank of India Account No.31863593860, IFSC Code SBIN0030437] to be utilized 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, vidhwas living in

vidhwa aashrams and orphans living in orphanage and also to the sufferers of Covid-19 Pandemic in the city of Ratlam in dire need of such

amenities/facilities and the amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicant.

(ii)(a) the applicant shall submit the 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) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft

to the concerned authority in that behalf.

(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in

relation to the present case.

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

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

(iv) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday of every month between 10:00 a.m. to 12:00

noon.

(v) 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 to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of

Novel Corona virus (COVID-19);

(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 shall be released on bail in terms of the conditions imposed in this order.

(vii) In the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the

bail granted to the applicant.

(viii) if 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.

Observations made on facts touching merits of the case are only for the purpose of deciding the bail application and shall not have any bearing on the

pending trial.

Learned State counsel 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.