Satyendrasingh vs State Of M.P

Rohit Arya, J

This is the first application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant who is in custody since 1.11.2020 in

connection with Crime No.215/2020 registered at Police Station Baghana, District Neemuch for the offence punishable under Section 34(2) of the

M.P. Excise Act.

As per the prosecution case, the applicant was found in possession of 9 cartoons of Beer and each cartoon was containing 12 bottles of Beer, total

70.200 bulk litres of liquor unauthorizedly. Accordingly, the case has been registered against him.

Investigation is complete and challan has been filed.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present crime. He has no criminal

antecedents. Applicant is sole bread earner in the family. His further incarceration shall jeopardise the life of family members. He is in jail since

1.11.2020. He is not required for further custodial interrogation. As a matter of fact, the marriage of applicant's daughter is scheduled on 30.11.2020.

The applicant in his memorandum under section 27 of the Evidence Act is alleged to have disclosed that he had procured the aforesaid Beer for the

Baratis and not for any commercial purpose. As such, the sale was bona fide and for personal use. Even on the face value of such statement under

section 27 of the Evidence Act, the applicant cannot be said to be in conscious illegal possession of seized Beer for commercial purpose or for unjust

enrichment by illegal sale attracting the penal provisions under which he has been arrested. Besides, looking to the Covid-19 situation, trial is not likely

to conclude early in the near future. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble

Court deems fit and proper.

Per contra, learned Panel Lawyer for the respondent/State supports the order impugned. However, he fairly submits that applicant has no criminal

antecedents.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that the applicant is in jail

since 1.11.2020 having no criminal antecedents, not required for custodial interrogation and the marriage of applicant's daughter is scheduled on

30.11.2020 coupled with the fact that possibility of delay in conclusion of trial cannot be ruled out, he is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 Cr.P.C. is hereby allowed. It is directed that the applicant be released on bail on

furnishing a personal bond in the sum of Rs.50,000/- (Rs. 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 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 time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation

of Novel Corona virus (COVID-19);

(ii) 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 by bail in terms of the conditions imposed in this order

(iii) violation of conditions, State is free to apply for cancellation of bail.

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.

E-Certified copy as per rules.