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Shiv Kumar Jayaswal vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 21 September 2020 · Citation: (2020) 09 MP CK 0163

HON’BLE JUDGES
Mohd. Fahim Anwar, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 394 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 20
RESULT
Allowed/ Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 34146 Of 2020
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Judgment

13 paragraphs · 412 words

Heard.

This is first bail application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail.

The applicant has been arrested in connection with Crime No.241/2020 registered by Police Station-Hanumana, District Rewa (MP) for the offence under Section 8/20 of the NDPS Act.

As per the prosecution story, 1.5 kg of contraband (ganja) was seized from the possession of the applicant.

Learned counsel for the applicant submits that he is in judicial custody since 5.8.2020 and trial will take time. It is further submitted that the applicant is an innocent person and has falsely been implicated in the crime. He is a permanent resident of the address shown in the application and there is no likelihood of his absconding or tampering with the prosecution witnesses. Therefore, it is prayed that the applicant be released on bail.

Learned Panel Lawyer for the respondent/State has opposed the application.

It is submitted on behalf of the applicant that one criminal case S.T. No.224/2017 for the offence under Section 394 of the IPC was registered against the applicant in which he has been acquitted vide judgment dated 1.5.2018. Copy of the judgment passed by A.D.J. Rewa is also attached with the application.

Looking to the facts and circumstances of the case and the exigency of 'COVID 19' disease, this application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court. The applicant shall abide by the conditions as enumerated under Section 437(3) of the Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court suo moto in W.P.No.1/2020, it would be appropriate to issue the following directions to the jail authority:-

1.

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.

3.

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.

This application stands allowed and disposed of. C.C., as per rules.