Sonu Sonkar 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 11.12.2020, in connection with Crime No.702/2020, registered at Police Station Hanumantal, District Jabalpur

(M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act.

As per prosecution story, on 24.10.2020, Incharge Police Chowki Prem Nagar of Police Station Hanumantal as well as other police officials received

an information that accused/applicant and co-accused kept hand made liquor in their house. Thereafter, they reached on the spot and during search,

police has seized 100 bulk liters of illicit hand made liquor from the house of the present accused/applicant. Thereafter, present accused/applicant and

co-accused ran away.

Learned counsel for the applicant submits that accused/applicant has been falsely implicated in this case on the ground of previous criminal record.

Accused/applicant has acquitted almost in previous criminal cases and he filed copy of some judgment in this regard. The applicant is not previously

convicted, so there is no probability to repeat the offence. No liquor was seized from the possession of present accused/applicant and no liquor was

seized from the house of applicant. Applicant is in jail since 11.12.2020. 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 is 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 opposes the bail application.

After hearing arguments of the parties and looking to the facts and circumstances of the case, the applicant is in jail since 11.12.2020, the applicant is

not previously convicted, so there is no probability to repeat the offence, accused/applicant was not arrested on the spot, no liquor was seized from the

possession of applicant, it is alleged by the prosecution that liquor was seized from the house of present accused/applicant and other co- accused,

charge sheet has been filed, it is the time of COVID-19, so conclusion of trial will take time, the applicant is bread earner of his family, there is no

probability of his absconding or tampering with the prosecution evidence, 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-Sonu Sonkar be released on bail on his furnishing bail bond in the sum of Rs.1,00,000/- (Rupees One lac) with two

solvent sureties of Rs.50,000/-(Rupees Fifty Thousand) each 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.