Madhya Pradesh High Court
Narendra Jatav vs The State Of Madhya Pradesh on 14 August, 2020
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.23030/2020
(Narendra Jatav Vs. State of M.P.)
Gwalior Bench:Dated -14/08/2020
Shri Gaurav Mishra, learned counsel for the applicant.
Smt. Upendri Singh, learned PL for the respondent/State.
Matter is heard through Video Conferencing. The applicant has filed this third bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 30-08- 2019 by Police Station Pichhore, District Shivpuri in connection with Crime No.109/2019 registered for offence punishable under Sections 302, 452, 323, 324, 326, 294, 506, 34 of IPC.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 30-08-2019 and charge-sheet has already been filed. It is further submitted that the deceased suffered blows twice before being succumbed to the injuries. Earlier blow was given on 13-03-2019 by his sons namely, Pramod Jatav and Mukhtiyar Jatav and deceased sustained injuries over his left frontal and left parietal region of skull and that were incised wounds. Later on, dispute erupted with the applicant on 16-03- 2019 and allegedly certain injuries were sustained by the deceased in the hands of the present applicant/co-accused. Those injuries were mainly either over right pinna and incised wound HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No.23030/2020 (Narendra Jatav Vs. State of M.P.) over right side of eye which were not sufficient to cause death to the deceased. He died later on. Post mortem report of the deceased indicates that he succumbed due to injuries sustained by him over his head and he died due to cardiorespiratory arrest. Therefore, death of the deceased cannot be attributed over the applicant.
Confinement amounts to pretrial detention. Looking to the prevailing condition of COVID-19, he seeks bail on sympathetic grounds also. He undertakes to cooperate in trial and would not be a source of embarrassment or harassment to the complainant party, in any manner and he shall not move in the vicinity of complainant party. He further undertakes to abide by all the terms and conditions of guidelines, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing. Applicant intends to perform community service.
Counsel for the State opposed the prayer and prayed for dismissal of the bail application.
Heard learned counsel for the parties at length through VC HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No.23030/2020 (Narendra Jatav Vs. State of M.P.) and considered the arguments advanced by them.
After considering the rival submissions as well as considering the peculiar fact situation, wherein, we are facing wrath of pandemic COVID-19, this Court is of the considered opinion that applicant deserves to be released on bail.
Considering the submission of rival parties and considering the fact that in view of COVID-19 pandemic, without commenting on the merits of the case, it is hereby directed that the applicant shall be released on bail, on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) alongwith one solvent surety of like amount to the satisfaction of trial Court and that he will have to install Arogya Setu App, if not already installed.
In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his preliminary Corona Virus test shall be conducted and if he is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if he is found positive then the applicant shall be immediately sent to concerned hospital for his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make his HIGH COURT OF MADHYA PRADESH 4 M.Cr.C.No.23030/2020 (Narendra Jatav Vs. State of M.P.) personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would sent him to the same jail from where he was released.
This order will remain operative subject to compliance of the following conditions by the applicants :-
1.The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
HIGH COURT OF MADHYA PRADESH 5 M.Cr.C.No.23030/2020 (Narendra Jatav Vs. State of M.P.)
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not be a source of embarrassment or harassment to the complainant party in any manner and applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. Applicant shall not move in the vicinity of complainant and would always cooperate in trial. He would not tamper the evidence and witnesses of the case, otherwise, this benefit of bail shall be withdrawn.
8. The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.
9- ,rn~ }kjk ;g funZsf'kr fd;k tkrk gS fd vkosnd 02 ikS/kksa dk ¼Qy nsus okys isM+ vFkok uhe@ihiy½ jksi.k djsxk rFkk mls vius vkl iMksl esa isM+ksa dh lqj{kk ds fy, ckM+ yxkus dh O;oLFkk djuh gksxh rkfd ikS/ks lqjf{kr jg ldsA vkosnd dk ;g drZO; gS fd u dsoy ikS/kksa dks yxk;k tk,s] cfYd mUgsa iks"k.k Hkh fn;k tk,A HIGH COURT OF MADHYA PRADESH 6 M.Cr.C.No.23030/2020 (Narendra Jatav Vs. State of M.P.) ^^o`{kkjksi.k ds lkFk] o`{kkiks"k.k Hkh vko';d gSA^^ vkosnd fo'ks"kr% 6&8 QhV ÅWaps ikS/ks@isM+ksa dks yxk;sxk rkfd os 'kh?kz gh iw.kZ fodflr gks ldsaA vuqikyu lqfuf'pr djus ds fy,] vkosnd dks fjgk fd;s tkus dh fnukad ls 30 fnuksa ds Hkhrj lacaf/kr fopkj.k U;k;ky; ds le{k o`{kksas@ikS/kksa ds jksi.k ds lHkh QksVks çLrqr djuk gksxsa A rRi'pkr~] fopkj.k ds lekiu rd gj rhu eghus esa vkosnd ds }kjk fopkj.k U;k;ky; ds le{k izxfr fjiksVZ çLrqr dh tk,xh A o`{kksa dh çxfr ij fuxjkuh j[kuk fopkj.k U;k;ky; dk drZO; gS D;ksafd i;kZoj.k {kj.k ds dkj.k ekuo vfLrRo nkao ij gS vkSj U;k;ky; vuqikyu ds ckjs esa vkosnd }kjk fn[kkbZ xbZ fdlh Hkh ykijokgh dks utj vankt ugh dj ldrk gSA blfy, vkosnd dks isM+ksa dh çxfr vkSj vkosnd }kjk vuqikyu ds laca/k esa ,d fjiksVZ çLrqr djus ds fy, funZsf'kr fd;k tkrk gS ,oa vkonsd }kjk fd;s x;s vuqikyu dh ,d la{kfIr fjiskVZ bl U;k;ky; ds le{k izR;sd rhu ekg esa ¼vxys N% eghuksa ds fy,½ j[kh tk;sxh ftls fd ^^funsZ'k ^^ 'kh"kZ ds varxZr j[kk tk,xkA o`{kkjksi.k esa ;k isM+ksa dh ns[kHkky esa vkosnd dh vksj ls dh xbZ dksbZ Hkh pwd vkosnd dks tekur dk ykHk ysus ls oafpr dj ldrh gSA vkosnd dks viuh ilan ds LFkku ij bu ikS/kksa@isMksa dks jksius dh Lora=rk gksxh] ;fn og bu jksis x;s isMksa dh Vªh xkMZ ;k ckM+ yxkdj j{kk djuk pkgrk gS] vU;Fkk vkosnd dks o`{kksa ds jksi.k ds fy, rFkk muds lqj{kk mik;ksa ds fy, vko';d [kpsZ ogu djuk gksxsaA bl U;k;ky; }kjk ;g funsZ'k ,d ijh{k.k izdj.k ds rkSj ij fn, x, gSa rkfd fgalk vkSj cqjkbZ ds fopkj dk izfrdkj] l`tu ,oa izd`fr ds lkFk ,dkdkj gksus ds ek/;e ls lkeaktL;
HIGH COURT OF MADHYA PRADESH 7 M.Cr.C.No.23030/2020 (Narendra Jatav Vs. State of M.P.) LFkkfir fd;k tk ldsA orZeku esa ekuo vfLrRo ds vko';d vax ds :i esa n;k] lsok] izse ,oaa d:a.kk dh izd`fr dks fodflr djus dh vko';drk gS D;ksafd ;g ekuo thou dh ewyHkwr izo`fr;ka gSa vkSj ekuo vfLrRo dks cuk, j[kus ds fy, budk iquthZfor gksuk vko';d gSA ^^;g iz;kl dsoy ,d o`{k ds jksi.k dk iz'u u gksdj cfYd ,d fopkj ds vadqj.k dk gSA^^ E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Anand Pathak)
Judge
Anil*
ANIL Digitally signed by ANIL KUMAR
CHAURASIYA
DN: c=IN, o=HIGH COURT OF
KUMAR
MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, postalCode=474001,
CHAURASI st=Madhya Pradesh,
2.5.4.20=8512f40a1a9eaa50b6802d
068b51dae27e84c266b09d283f079
YA
9e67cdc7df50f, cn=ANIL KUMAR
CHAURASIYA
Date: 2020.08.18 07:21:50 -07'00'