VISHAL 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, these applications have 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 applicants have filed this first application u/S 439 Cr.P.C . for grant of bail. The applicants have been arrested by Police Station Pathari, District Vidisha in connection with Crime No.79/2020 registered in relation to the offence punishable under Section 5 of Explosive Substance Act.

(3.) It is submitted by counsel for the applicants that the applicants namely Vishal and Rajkumar in M.Cr.C.No.21965/2020 are drivers as per the prosecution story and the applicant-Hargovind Jatav in M.Cr.C.No.22609/2020 is a licensed shot firer. It is alleged that the explosives which have been seized are of the owner Naveen Paliwal who is having a valid license for the aforesaid explosives which are being used for blasting in the mines. It is submitted that the vehicles which were used for carrying the aforesaid explosives are also being registered for carrying the explosives. The documents are being filed by the counsel for the applicants. Counsel for the applicants has drawn attention of this Court to the report submitted by the Superintendent of Police, District Vidisha dated 7.7.2020, wherein the recommendation is being made by the Superintendent of Police to exonerate the owner from the present offence as all the licenses and permissions were found valid on investigation by the Superintendent of Police. The aforesaid report is filed and is available on record. Counsel for the respondent/State was directed to seek instructions with respect to the aforesaid documents and he has got instructions and fairly submits that there was a valid license for carrying the explosives. The vehicles were also used in carrying the explosives were also registered for carrying the explosives. He submits that the applicants Vishal and Rajkumar are the drivers as per the prosecution and applicant-Hargovid is a shot firer. But as far as applicant- Hargovind is concerned he is not clear about the fact that vide Annexure A/6 he was having a license of short fire but whether the aforesaid license was valid on the date of commission of offence or not, he has not received the instructions to the aforesaid extent, but he fairly submits that he was having a short-fire license. He submits that the aforesaid aspect of validity of the license on the date of commission of offence directed to be verified by the respondent. Counsel for the applicants submits that they are ready to abide by all the terms and conditions that may be imposed by this Court and have shown their willingness to cooperate in the pandemic situation of COVID-19 and are ready to contribute an amount of Rs.5,000/- each towards the PM Care Fund and prays for grant of bail. Counsel for the State has opposed the bail applications.