Samser vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 19.10.2020, in connection with Crime No.1351/2020, registered at Police Station Kotwali, Seoni, District Seoni (M.P.)

for the offence punishable under Section 34(2) of M.P. Excise Act & Sec. 25/27 of Arms Act.

As per prosecution story, on 19.10.2020, police official Kotwali Seoni, received an information that co-accused Lucky @ Jishan was transporting illicit

liquor with his two friends by vehicle bearing registration No. MP20CH9255. Thereafter, police officials reached on the spot and they stopped the

aforesaid vehicle. Present accused/applicant was driving the said vehicle. Co-accused Lucky @ Jishan was sitting in front of the seat of said vehicle

with country made pistol and cartridges and other two co-accused were sitting with 60 bulk liters of hand made liquor on the back seat of said vehicle.

Thereafter, during search, police has seized 60 bulk liters of illicit handmade liquor from the possession of co-accused Monu and Arif and one country

made pistol and 4 live cartridges were seized from the possession of Lucky @ Jishan. The aforesaid vehicle was seized from the possession of

present accused/applicant.

 Learned counsel for the applicant submits that accused/applicant has been falsely implicated in this case. Applicant is a driver and he has no

knowledge with regard to handmade liquor and country made pistol.

Accused/applicant has no previous criminal antecedent under Section 34(2) of M.P. Excise Act, so there is no probability to repeat the offence. No

liquor was seized from the possession of accused/applicant. Applicant is in jail since 19.10.2020. Charge sheet has been filed. It is the time of

COVID- 19, so trial will take time in its final disposal. The applicant is bread earner of his family and if he is kept in custody for an unlimited period,

then future of his family will be spoiled. There i s no possibility of his absconding or tampering with the prosecution evidence. The applicant has been

falsely implicated in this case. Applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds,

learned counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned Panel Lawyer for the respondent-State submits that applicant has some previous criminal record, so he is not entitled for grant of

bail.

After hearing arguments of the parties and looking to the facts and circumstances of the case, the applicant is in jail since 19.10.2020, there is no

previous criminal antecedent against the applicant under Section 34(2) of M.P. Excise Act, so there is no probability to repeat the offence , no liquor

was seized from the possession of applicant, charge sheet has been filed, conclusion of trial will take long time, the applicant is bread earner of his

family, it would not be appropriate to keep the accused/applicant in jail during whole trial, therefore without commenting on merits of the case,

application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that applicant-Samser be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent

surety of the like amount to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the

concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. In view of the outbreak of 'Corona

Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing.

Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction

to the jail authority :-

The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by

placing him in appropriate quarantine facility.

Certified copy as per rules.