RAJENDRA @ RAJAN Vs. STATE OF M.P .

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona Virus (COVID-19) and considering the advisories issued by the government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/physical distancing in letter and spirit. Heard the learned counsel for the parties.

(2.) The applicant has filed this third application u/S 439 Cr.P.C . for grant of bail. The applicant has been arrested by Police Station Aron, District Guna in connection with Crime No.419/2019 registered in relation to the offence punishable under Section 34(2) of M.P. Excise Act. Earlier application was dismissed as withdrawn vide order dated 13.12.2019 passed in M.Cr.C. No.51209/19.

(3.) It is submitted that as per the prosecution story the applicant was found in possession of 55 litres of illicit country made liquor. He is in custody since 19.08.2019. It is submitted that owing to the criminal history of the present applicant he has to suffer a long conviction period. It is argued that as per the State authorities, 19 criminal cases were shown to have been registered against the present applicant. He has drawn attention of this Court to the criminal history submitted by the State authorities and has argued that just to increase the criminal history of the present applicant the offences are repeatedly shown in the history. Offences mentioned at S.No. 1, 2 and 3 are repeated at S.No.9, 10 and 11. As per the applicant's counsel 16 cases were registered against the present applicant and in four cases he has been acquitted. The order sheets of the four cases are filed by the counsel for the applicant. It is submitted that three cases were registered under Section 110 of Cr.P.C. and as per the information given to him the applicant is convicted in one case registered at Crime No.382/2008 for offence under Section 376 of IPC against which an appeal was filed before the Hon'ble High Court and his suspension application was allowed. His sentence has already been suspended by this Court. It is argued that as far as other offences are concerned, the offences are old cases. Looking to the custody period of the present applicant, he submits that his application for grant of bail may be considered. He is ready to abide by all the terms and conditions that may be imposed by this Court and has shown his willingness to contribute an amount of Rs.15,000/- towards the PM Care Fund. On these grounds, he prays for grant of bail.