Raju @ Gabbu vs State Of Madhya Pradesh

Rohit Arya, J

This is second repeat bail application under Section 439 Cr.P.C. filed on behalf of the applicant. His first bail application was dismissed as withdrawn by order dated 23.02.2021 passed in M.Cr.C. No. 4142/2021. The applicant is in custody since 25.12.2020 in connection with Crime No.465/2020 registered at P.S. Tal, District Ratlam for the offence punishable under Section 34(2) of MP.Excise Act.

As per prosecution story, applicant was found to be in illegal and unauthorized possession of 189 bulk litres 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. Applicant is in custody since 25.12.2020, investigation is complete and chargsheet has been filed. He is not required for further custodial investigation. Applicant is the sole bread earner and due to his jail incarceration, his family is in penury. Co-accused Pawan Singh has already been enlarged on bail by order dated 12.03.2021 vide M.Cr.C. no. 13175/2021. 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 with submission that applicant since found to be in conscious possession of huge quantity of liquor which is far more than the prescribed limit under Section 34 of MP Excise Act, hence he is not held entitled for bail.

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, the applicant is prepared to deposit a sum of Rs.50,000/- (Rs. Fifty 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 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 25.12.2020, investigation is complete and chargsheet has been filed, he is not required for custodial interrogation and the co-accused Pawan Singh(supra) has been enlarged on bail. 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.50,000/-(Rupees fifty 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 o f 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 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 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.

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.