Komal Sonkar vs The State Of Madhya Pradesh
2021 Latest Caselaw 3840 MP

                                                                          1                           MCRC-30368-2021
                                                The High Court Of Madhya Pradesh
                                                          MCRC-30368-2021
                                                          (KOMAL SONKAR Vs THE STATE OF MADHYA PRADESH)


                                        Jabalpur, Dated : 02-08-2021
                                              Heard through Video Conferencing.

                                              Shri Sandesh Dixit, Advocate for the applicant.
                                              Shri Brijendra Kushwaha, Panel Lawyer, for the respondent-State.

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 29.5.2021, in connection with Crime No.599/2021, registered at Police Station Ranjhi, District Jabalpur (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act.

As per prosecution story, on 28.5.2021, 80 bulk liters of hand made liquor was seized from the possession of the accused/ applicant. Thereafter, FIR was lodged and accused/applicant was arrested.

Learned counsel for the applicant submits that applicant has been falsely implicated in this case on the ground of previous criminal antecedents although accused/applicant is not previously convicted in any other criminal

case. One RCT No.2330/2018, was registered against the accused/applicant under Section 34(2) of M.P. Excise Act and he is acquitted in that case. He filed certified copy of the judgment, so there is no previous criminal antecedent under Section 34(2) of M.P. Excise Act against the applicant. Accused/applicant is in custody since 29.5.2021. Charge sheet has been filed. It is the time of COVID-19 Pandemic, so conclusion of trial will take long time. Accused/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 probability of his absconding or tampering with the evidence of prosecution. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned Panel Lawyer for the State submits that Signature Not Verified SAN accused/applicant has previous criminal antecedent, therefore, applicant is not Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.02 17:23:23 IST 2 MCRC-30368-2021 entitled for bail. He opposes the bail application.

A f t e r hearing arguments of the parties and the fact that accused/applicant is already acquitted under Section 34(2) of M.P. Excise Act, so no previous criminal antecedent against the accused/applicant under Section 34(2) of M.P. Excise Act, the accused/applicant is not previously

convicted in any other case, so there is no probability to repeat the offence, the applicant is in jail since 29.5.2021, charge sheet has been filed, the trial will take time for final disposal due to COVID-19, there is no probability of his absconding or tampering with the prosecution evidence, the applicant is bread earner of his family, it would be appropriate to release the applicant on bail, 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- Komal Sonkar be released on bail on his furnishing bail bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties of Rs.50,000/-(Rupees Fifty Thousand) each to the satisfaction of the trial Court for his appearance before the trial Court on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the trial;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officers;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

Signature Not Verified SAN

5. The applicant will not seek unnecessary adjournments during the

Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.02 17:23:23 IST 3 MCRC-30368-2021 trial; and

6. The applicant will not leave India without previous permission of the trial Court.

I n 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 :-

1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before their 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.

Certified copy as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.02 17:23:23 IST