The High Court of Madhya Pradesh, Indore bench has released a convict on bail on a condition that the applicant will donate Rs.10,000/- (Rupees Ten Thousand) in the Prime Minister Cares Fund as voluntarily offered by him and will also do service as volunteer for a period of one week for at least three hours per day, as may be directed by the concerned SDM.
The applicant namely “Dilip Vishwakarma” had filed a bail application before the Indore Bench of Madhya Pradesh High Court Single Bench of Justice Prakash Shrivastava.
Brief Facts are that the applicant is facing trial for the offence punishable under Section 188 of the Indian Penal Code registered with Police Station Birlagram, Nagda, Distt. Ujjain. The allegation made against the applicant is that he had opened his grocery shop during the lock down period in violation of the orders of the Collector and the customers gathered in front of his shop without following the social distancing norm.
Learned counsel for the applicant mentioned before the court that the residence and shop of the applicant is located in the same building, therefore, customers gathered in front of his shop to purchase the grocery which was in short supply. He further said that the applicant has now realised the importance of lock down and social distancing, therefore, he has volunteered to deposit Rs.10000/- in the Prime Minister Welfare Fund and is also ready to do the volunteer service for some time.
Whereas, learned counsel for the State has opposed the application for grant of bail.
The Madhya Pradesh High court held that: –
“The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.35,000/-(Rupees Thirty Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed with the further condition that the applicant will donate Rs.10,000/- (Rupees Ten Thousand) in the Prime Minister Cares Fund as voluntarily offered by him and will also do service as volunteer for a period of one week for at least three hours per day, as may be directed by the concerned SDM to whom he will duly inform this condition without any delay”.
Earlier also, the similar incident of granting bail had occurred where the High Court of Jharkhand at Ranchi has granted bail to the Former BJP MP Som Marandi & five others who were sentenced for a period of 1 year for the offence under Section 174 (a) Railways Act, on showing proof of payment of Rs 35,000/- each in Prime Minister’s Citizens Assistance and Relief in Emergency Situations (PM CARES) Fund.
-India Legal Bureau