Madhya Pradesh High Court
Pappu @ Mahendra Singh Ghosi vs The State Of Madhya Pradesh on 17 March, 2021
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 CRA-1173-2021
The High Court Of Madhya Pradesh
CRA-1173-2021
(PAPPU @ MAHENDRA SINGH GHOSI Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 17-03-2021
Shri B.J. Chourasiya, learned counsel for the appellant.
Shri Shivam Hazari, learned Panel Lawyer for the
respondent/State.
Heard.
This second bail application in the shape of criminal appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been filed by the appellant seeking bail in connection with Crime No.109/2020 registered at Police Station-Bamnora, District-Chhatarpur, for the offence punishable under Sections 294, 323, 307, 506/34 of the Indian Penal Code, Section 25/27 of the Arms Act and Section 3(2)(v) of the SC/ST Act.
The first bail application of the present appellant was dismissed as withdrawn vide order dated 20.11.2020 passed in Cr.A. No.5094/2020.
Learned counsel for the appellant submits that the appellant is in custody since 08.08.2020. He further submits that as per the case of the prosecution, the present appellant had used katta and fired on the complainant, due to which the complainant suffered a gunshot on his thigh, therefore, offence has been registered against the present appellant. He submits that challan has already been filed. Upon these submissions, he prays that the appellant be released on bail.
On the other hand, learned Panel Lawyer appearing for the Signature Not Verified SAN respondent/State opposes the bail application and submits that seizure Digitally signed by PRACHI PANDEY Date: 2021.03.17 17:13:36 IST 2 CRA-1173-2021 has also been made from the present appellant and considering the injuries sustained by the complainant, the application deserves to be dismissed.
Considering the rival contentions of learned counsel for the parties and the fact that challan has already been filed and the appellant is in jail since 08.08.2020, without commenting anything on the merits of the case, I am of the opinion that the present appellant can be enlarged on bail, therefore, this appeal is allowed.
It is directed that the appellant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the Court concerned for his appearance on the dates given by it.
It is further directed that the appellant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
The jail authority is also directed to ensure that the appellant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the appellant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event, the jail doctor is of the opinion that the appellant can be released, then he shall be released.
Certified Copy as per rules.
(SANJAY DWIVEDI) JUDGE Prachi Signature Not Verified SAN Digitally signed by PRACHI PANDEY Date: 2021.03.17 17:13:36 IST