Shishupal Singh vs State Of MP

S.A. Dharmadhikari, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail.

Applicant has been arrested on 07/11/2020 by Police Station Dimni, District Morena in connection with Crime No. 64/2020 for the offence punishable

under section 34(2), 47-A of Excise Act.

Allegations against the applicant, in short, are that the police has recovered 34 peti (306 bulk litres) of country made liquor from the possession of the

applicant and co-accused. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that applicant aged 35 years has been falsely implicated in the present case. It is further submitted that no

alleged offence is made out against the applicant. It is further submitted that maximum punishment prescribed for the alleged offence is three years. It

is further submitted that no liqour has been seized from the possession of the applicant. Attention has also been invited to the guidelines issued to all

the States and Union Territories by the Apex Court for de-congesting the prisons in suo motu W.P. (C) No. 1/2020 (IN RE : CONTAGION OF

COVID 19 VIRUS IN PRISONS) to consider release of prisoners who have been convicted or are under trial for offences for which prescribed

punishment is up to 7 years or less by constituting a High Powered Committee. Applicant is permanent resident of Dist. Morena (M.P.) and there are

no chances of his absconding or tampering with the prosecution evidence. He shall abide by the terms and conditions as may be imposed by this

Court. Under these circumstances, applicant prays for bail.

Learned State counsel opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available

on record, no case for grant of bail is made out.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this

application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty

Thousand only) with one local solvent surety in the like amount to the satisfaction of the trial Court/committal Court. The applicant shall also furnish a

written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State

Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of

Corona virus.

This order will remain operative subject to compliance of the following conditions by the applicant :-

He will cooperate in the investigation/trial, as the case may be;

He will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her

from disclosing such facts to the Court or to the Police Officer, as the case may be;

He shall not commit an offence similar to the offence of which he is accused;

He will not seek unnecessary adjournments during the trial; and

He will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicant shall install Aarogya Setu App (if not already installed) in his mobile phone.

If, the applicant commits any offence after being released on bail, then this bail order shall automatically stands cancelled without further reference

to this Court.

Learned State Counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and

necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy / E-copy as per directions/rules.