Madhya Pradesh High Court
Sad @ Shahid vs State Of M.P. on 11 September, 2020
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-31032-2020
The High Court Of Madhya Pradesh
MCRC-31032-2020
(SAD @ SHAHID Vs STATE OF M.P.)
Jabalpur, Dated : 11-09-2020
Heard through Video Conferencing.
Shri Madan Singh, learned counsel for the applicant.
Shri Puneet Shroti, learned Panel Lawyer for the
respondent/State.
This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.
The applicant is in custody since 26/07/2020 in connection with C r i m e No.364/2020 registered at P.S.-Gadarwara, District- Narsinghpur for the offence punishable under Sections 457 and 380 of the IPC.
A s per prosecution story, on12/06/2020, complainant- Mrityunjay lodged a report alleging that at about 10:00 p.m., applicants entered into his house and committed theft of one motorcycle bearing registration No. MP-22-MG-2444, one HP laptop, one Nokia mobile phone and one Lenovo-Tab from his house. During investigation, theft property has been recovered from the possession of the applicant.
Learned counsel for the applicant/accused submits that the applicant has falsely been implicated in the present case. No theft property has been seized from the possession of the applicant. The applicant is in custody since 26/07/2020. At this time, due to outbreak o f pandemic "COVID-19", the proceedings of the trial Court is withheld. Conclusion of trial will take considerable time. There is no chance of applicant absconding and tampering with the evidence, if he be released on bail. The applicant is ready to furnish bail, as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Per-contra, learned Panel Lawyer opposes the bail application and prayed for its rejection.
After hearing arguments of the parties and looking to the facts that the applicant is not having any criminal antecedents, offence registered against the applicant is triable by Judicial Magistrate First 2 MCRC-31032-2020 Class, the applicant/accused is in jail since 26/07/2020, charge-sheet has been filed, there is no probability of her absconding o r tampering with the prosecution evidence, the trial will take long time for final disposal due to outbreak of pandemic COVID-19, it would not be appropriate to kept the applicant in custody, during the whole trial, therefore, without commenting on merits of the case, application of the petitioner under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant-Sad @ Shahid be released on bail subject to furnishing a personal bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount t o the satisfaction of the learned JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing.
Further, in view of the order passed by the Hon'ble Supreme Court in suo motto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-
1. The Jail Authority shall ensure the medical examination of the petitioner by the jail doctor before his release.
2. The petitioner shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3 . If it is found that the petitioner is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing her in appropriate quarantine facility.
With the aforesaid directions, the M.Cr.C. stands disposed of.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE skt Santosh Kumar Tiwari 2020.09.11 17:37:40 +05'30'