Pramod vs State Of Madhya Pradesh

Rohit Arya, J

This is the first bail application under Section 439 Cr.P.C. filed on behalf of the applicant..The applicant is in custody since 30.3.2021 in connection

with Crime No.93/2021 registered at P.S. Balakwada, District Khargone for the offence punishable under Section 34(2) of MP.Excise Act.

As per prosecution story, the applicant was found in possession of 68 bulk liters countrymade liquor without any licence. Accordingly, case has been

registered against the applicant.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the offence. He in custody since 30.03.2021. He

is not required for further custodial interrogation. He is the 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 submitting that applicant has criminal antecedents. Crime No.261/18, 129/2019,

230/2019 and 213/2020 have been registered against him. However, the quantity of liquor seized was less than 50 bulk liters.

A t 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 19 pandemic, the

applicant is prepared to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) in favour of Jila Bal Sarakshan Samiti, Khargone (State Bank of

India Account No.990010110004521 IFSC providing basic amenities, Code BKID0009900) for the purpose of 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 in the city of

Khargone and also the sufferers of Covid 19 are 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 30.3.2021, he is not required for custodial interrogation and 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.1,50,000/- (Rupees One Lac and 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 prepare a demand draft for Rs.50,000/- (Rupees Fifty Thousand only) in favour of Jila Bal Sarakshan Samiti, Khargone (State

Bank of India Account No.990010110004521 IFSC Code BKID0009900) 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 in the city of Khargone 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 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, Khargone 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 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) in future, if the applicant is found to be involved in such nature of cases 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.