Madhya Pradesh High Court
Hariom Singh Sikarwar vs The State Of Madhya Pradesh on 1 July, 2020
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 MCRC-16992-2020
The High Court Of Madhya Pradesh
MCRC-16992-2020
(HARIOM SINGH SIKARWAR Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 01-07-2020
This matter is taken up through video conferencing as per the direction
of Hon'ble the Chief Justice on account of outbreak of pandemic (COVID-
19) in the country.
Ms. Ranjana Sisodiya, learned counsel for the applicant.
Shri Sheetal Tiwari, learned Panel Lawyer for the respondent/State.
Arguments heard.
This is first application filed by the applicant under Section 439 Cr.P.C for grant of bail in connection with Crime No.108/2020, registered at Police Station Mungwani, District Narsinghpur for the offence punishable under Sections 279, 337, 304 and 109 of IPC and Sections 184, 185 & 187 of Motor Vehicle Act.
Learned counsel for the applicant submits that the present applicant has falsely been implicated in this case and he is in jail since 09.05.2020. She further submits that the other co-accused persons have been granted bail by the Court below and in view of the order passed by the Court below merely the Court has considered that the present applicant was driving the vehicle negligently and met with an accident causing death of six persons, which is a serious offence, therefore, his bail application has been rejected. Upon these submissions, she prays for grant of bail to the applicant.
Learned counsel for the respondent-State opposes the bail application and he prayed for its rejection.
Considering the outbreak of pandemic (COVID-19) in the country and looking to the nature of the offence and also the fact that the present applicant is in jail since 09.05.2020, without commenting anything on merit of the case, application is allowed. It is directed that applicant-Hariom Singh Sikarwar be released on bail on his furnishing a personal bond in the sum of Digitally signed by NITESH PANDEY Date: 01/07/2020 16:55:43 2 MCRC-16992-2020 Rs. 40,000/- (Rupees Forty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court.
It is directed that applicant shall comply with the provisions of Section 437(3) of Cr.P.C.
I t is further directed that the jail authorities shall ensure that the applicant is examined by the jail doctor to ensure that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State.
Certified copy as per rules.
Let a copy of this order be sent to the concerned trial Court through E- mail.
(SANJAY DWIVEDI) JUDGE Nitesh Digitally signed by NITESH PANDEY Date: 01/07/2020 16:55:43