Madhya Pradesh High Court
MCRC/53475/2020 of VEERA Vs STATE OF MP on 31 December 2020
Court of Madhya Pradesh Mcrc.53475.2020 (Veera Vs. State of M.P.)
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Arguments
The High Court of Madhya PradeshMcrc.53475.2020 (Veera Vs. State of M.P.)
Gwalior dated : 31/12/2020
Shri V.K. Sahu, learned counsel for the petitioner.
Shri K.K. Prajapati, learned Panel Lawyer for the State.
This case is heard through Video Conferencing.
This is the first application filed u/S.439 Cr.P.C. by petitioner forgrant of bail.
The petitioner has been arrested on 19/12/2020 by Police Station-Chanderi, District Ashoknagar (M.P.), in connection with CrimeNo.702/2020 registered in relation to the offences punishable u/Ss.34(2)of Excise Act.
Learned counsel for State opposed the application and prayed forits rejection by contending that on the basis of the allegations and thematerial available on record, no case for grant of bail is made out.
Investigation in this matter is pending where 59 bulk liters of illicitliquor has been recovered from petitioner.
Considering the above and that prosecution story discloses allegedoffence u/S. 34 (2) of Excise Act which prescribes for maximumpunishment of three years and that early conclusion of the trial is a bleakpossibility and prolonged pretrial detention being an anathema to the concept of liberty and that the material placed on record does not disclosepossibility of petitioner fleeing from justice, this Court, in the specialcircumstances of ongoing Covid-19 pandemic, is inclined to extend thebenefit of bail to the petitioner but with certain stringent condition inview of pending investigation.
Accordingly, without expressing any opinion on merits of the case,this application is allowed and it is directed that the petitioner be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rs.Twenty Five Thousand only) with one solvent surety of the like amountto the satisfaction of the concerned Magistrate.
This order will remain operative subject to compliance of thefollowing conditions by the petitioner :-
1. The petitioner will comply with all the terms andconditions of the bond executed by him;conditions of the bond executed by him;
2. The petitioner will cooperate in the trial;
3. The petitioner will not indulge himself in extendinginducement, threat or promise to any person acquaintedwith the facts of the case so as to dissuade him/her fromdisclosing such facts to the Court or to the Police Officer,as the case may be;
4. The petitioner shall not commit an offence similarto the offence of which he is accused;to the offence of which he is accused;
5. The petitioner will not seek unnecessaryadjournments during the trial;adjournments during the trial;
6. The petitioner will not leave India without previouspermission of the trial Court/Investigating Officer, as thecase may be;
7. The petitioner shall mark his presence beforeconcerned Police Station once every week tillinvestigation is over.
8. The learned concerned Magistrate and theprosecution are directed to ensure following of Covid-19precautionary protocol prescribed from time to time by theSupreme Court, the Central Govt. and as well as the StateGovt during release, travel and residence of the petitionerduring period of bail as a consequence of this order.
9. The petitioner as a Shiksha Swayamsevak shallrender physical and financial assistance to governmentprimary school situated nearest to residence of petitionerfor ensuring hygiene and sanitation and for removingdeficiencies of infrastructural amenities in the said schoolfrom the skill/resources of the petitioner. [;kfpdkdrkZ ,df'k{kk Lo;alsod ds :i esa vius fuokl ds fudV vofLFkr ljdkjhizkFkfed fo|ky; esa LoPNrk vkSj vkjksX; dks lqfuf'pr djus ds fy,'kkjhfjd ,oa foRrh; lgk;rk iznku djsxk rFkk vius dkS'ky o lalk/kuksals mDr fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djsxkAa]
The petitioner after selecting a particular Govt. Primary Schoolshall inform about the same to the office of Gram Panchayat (in case ofrural area) and/or Ward Officer of the concerned ward (in case of urbanarea), within whose territorial jurisdiction the said school is situated.
[;kfpdkdrkZ ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esaxzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys esa½ vkSj@;k lEcaf/kr okMZ ds okMZ vf/kdkjh¼'kgjh {ks= ds ekeys esa½ ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS] dks lwfpr djsxkA]
It will be joint responsibility of Sarpanch and Secretary of saidGram Panchayat (in case of rural area) and/or Ward Officer of theconcerned ward (in case of urban area) to preserve the said informationprovided by the petitioner. [;g lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeysesa½ vkSj@;k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k {ks= ds ekeys esa½ dh la;qDrftEesnkjh gksxh fd] ;kfpdkdrkZ }kjk iznRr lwpuk dks lajf{kr djsA]
The registry of this Court shall communicate this order throughLegal Aid Officer, SALSA, Gwalior to the Collector, District EducationOfficer, Block Education Officer of the district/block concerned forinformation and compliance.
A copy of this order be supplied to the Legal Aid Officer, SALSA,Gwalior who is directed to communicate this order to the DistrictEducation Officer, Block Education Officer of the district/blockconcerned to verify as to whether petitioner has complied with conditionNo.9 or not and submit report once every month.
In case, report regarding condition No.9 is not filed or report isfound to be wanting in any manner then Registry is directed to list thismatter as PUD before appropriate Bench.
(Bu)
DHANANJAY BUCHAKEDigitally signed by DHANANJAY BUCHAKE DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=6489e9ca230b3031a4b44a621934281f589875c02fb2a20e4220aebc8a3ba7ec, cn=DHANANJAY BUCHAKE Date: 2021.01.02 14:41:26 +05'30'
The petitioner has gracefully volunteered to donate Rs.2,000/- (Rs.Two Thousand Only) in the account of the High Court Bar Association,Gwalior for the purpose of assistance and rehabilitation of thosemembers of the Bar, who are facing financial distress due to Lockdownand restrictive functioning of the courts owing to ongoing Covid-19pandemic. This Court has no manner of doubt that the office bearers andthe Senior members of the Bar shall ensure that the donation reaches therightful and deserving claimants. Let the donation be deposited withinseven (7) working days from the date of release.
A copy of this order be sent to the Court concerned forinformation.
C.c as per rules.
(Sheel Nagu)Vacation Judge