Padam Singh vs State Of Madhya Pradesh

Rohit Arya, J

This is the second bail application under Section 439 Cr.P.C. filed on behalf of the applicant. The applicant is in custody since 03.06.2021 in connection with Crime No.231/2021 registered at P.S. Khilchipur, District Rajgarh for the offence punishable under Sections 417, 420, 467, 468, 475/34 o f IPC and Section 3/7 of Essential Commodities Act, Section 19(c)(II) of Fertilizer Control Order, 1985. His first application was dismissed as withdrawn with liberty to revive after two months vide order dated 20.07.2021 in M.Cr.C.No.33417/2021.

As per prosecution story, on a secret information received, the flying squad raided the premises in the name of Shiv Singh and found a truck bearing registration No.MP-06-HC-702 was being loaded with bags of fertilizers with the brand name IFFCO fertilizers. The applicant was found to be sitting in the driver seat. On further investigation, it was found that about 150 plain bags filled with fertilizers were stacked in a room and about 200 empty bags with brand name IFFCO fertilizers were found. At the instance of the co-accused Dilip, the labourers were engaged to transfer the fertilizers from plain bags to the branded bags and after sealing them, they loaded the same in the truck. In other words, duplicate fertilizers were packed in bags of branded IFFCO fertilizers and intended to supply to agriculturists defrauding them for unjust enrichment. Accordingly, case has been registered against the applicant.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. He has no role to play either in the matter of stacking of adulterated fertilizers or filling in the bags of branded IFFCO fertilizers. The main accused are Shiv Singh, Dilip and Suresh. As Challan has been filed, he is no more required for custodial interrogation. Applicant has suffered jail incarceration since 03.06.2021. Applicant is the sole bread earner and due to jail incarceration, his family is in penury. Moreso, looking to prevailing Covid-19 situation, trial is not likely to conclude early in the near future. Hence, under such circumstances, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper.

Per contra, learned Government Advocate opposes the bail application supporting the order impugned with submission that the complicity of the applicant cannot be ruled out for the reason that the applicant was found sitting in the seized vehicle being loaded with adulterated fertilizers in the printed bags of brand IFFCO fertilizers. However, he fairly submits that there is no evidence that the applicant is either the owner of the godown or that at his behest the aforesaid nefarious activity was understandingly done at the spot.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that applicant is in jail since 03.06.2021, investigation is complete and chargesheet has been filed, he is not required for custodial interrogation, in the obtaining facts and circumstances and due to Covid-19 pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail furnishing personal bond in the sum of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.

(ii) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order.

(iv) in the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail granted to the applicant.

(v) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police station for information and necessary action.