Pappu @ Hariprasad vs State Of Madhya Pradesh

Rohit Arya, J

This is the first bail application under Section 439 Cr.P.C. filed on behalf o f the applicant. The applicant is in custody since 09/04/2021 in connection

with Crime No.37/2021 registered at P.S., Sonkutch, Dewas for the offence punishable under Section 34(2) of the M.P. Excise Act.

As per prosecution story, applicant was found to be in unauthorized and illegal possession of 60 bulk liters of liquor. Accordingly, case has been

registered against the 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. Investigation is complete. Challan

has been filed. Applicant is in custody since 09/04/2021 and he is no more required for custodial interrogation. He is the sole bread earner of the

family and the family is on the verge of starvation due to his jail incarceration. Moreso, looking to prevailing Covid-19 situation, trial is not likely to

conclude early in the near future. Hence, under such circumstances, the applicant may be enlarged on bail on such terms and conditions this Court

deems fit and proper.

P e r contra, learned Panel Lawyer opposes the bail application supporting the order impugned with the submision that there are seven more criminal

antecedents against the applicant of the year 2002-2003 and applicant is a habitual offender. Hence, no indulgence is warranted in the matter of grant

of bail to the applicant.

In response, learned counsel for the applicant submits that in all the referred cases, acquittal has been recorded in favour of the applicant.

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

jail since 09/04/2021, investigation is complete and chargesheet has been filed, he is not required for custodial investigation. Moreso, due to Covid-19

pandemic, 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 furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac 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, 3rd and 4th Saturday every month between 10:00 a.m. to 12:00

noon till conclusion of trial.

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

bail granted to the applicant.

(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.