Madhya Pradesh High Court
Naveen vs The State Of Madhya Pradesh on 8 July, 2020
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-12796-2020
The High Court Of Madhya Pradesh
MCRC-12796-2020
(NAVEEN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 08-07-2020
Shri Vikram Singh Muvel, learned counsel for the applicants.
Shri Saransh Jain, learned Panel Lawyer for the respondent/State.
Heard through Video Conferencing.
This is the first application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicants. The applicant are in custody since 29.02.2020 in connection with Crime Case No. 109/2020 registered at Police Station Kasrawad District Khargone for the offence punishable under section 379/34 IPC.
As per prosecution story, during Mirch Mahotsav at Kasrawad, Distt. Khargone, applicants after parking their vehicle had indulged into pick- pocketing. Accordingly, the case has been registered against the applicants.
Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the crime. The applicants are in jail incarceration since 29.02.2020 and the family is on the verge of starvation due to their jail incarceration. Their further incarceration shall jeopardize life of the family members. Looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances, the applicants deserve to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.
Per contra, State counsel supporting the order impugned opposes the bail application.
Upon hearing learned counsel for the parties and in the obtaining facts and circumstances but, without touching on merits of the contentions so advanced, regard being had to the fact that the applicants are in jail since 29.02.2020 and five months period has passed by and are not required for further custodial interrogation, they are held entitled for enlargement on bail.
Consequently, the application of the applicants filed under Section 439 Digitally signed by SEHAR HASEEN Date: 08/07/2020 19:12:41 2 MCRC-12796-2020 of the Cr.P.C., is hereby allowed. It is directed that the applicants be released on bail, on furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only)with one solvent surety in the like amount in case of each of the applicant to the satisfaction of the trial Court, on the condition that they shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437(3) of Cr.P.C., with following further conditions:
(i) the applicants shall furnish a written undertaking with their complete residential details that they will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(ii) the applicants shall install Aarogya Sethu App (if not already installed) in their mobile phone;
(iii) the applicants shall mark their attendance before the concerned police station on 2nd Saturday every month between 10:00 a.m. to 12:00 noon.
(iii) the applicants shall not tamper with the evidence in any whatsoever in any manner or induce or threat any person acquainted with the acts of the case;
(iv) the applicants shall cooperate during trial and will not seek unnecessary adjournments during trial;
(v) the applicants shall not leave the India or the area without previous permission of the trial Court/Investigating Officer, as the case may be;
(vi) the concerned jail authorities are directed that before releasing the applicants, the medical examination of the applicants be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately. If Digitally signed by SEHAR HASEEN Date: 08/07/2020 19:12:41
3 MCRC-12796-2020 not, the applicants shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or permit for movement to reach their place of residence;
In the event of violation of any of the terms and conditions of the order by the applicants, the prosecution is at liberty to seek cancellation of the bail granted to the applicants.
Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police station for information and necessary action.
Registry is directed to send an e-copy of this order to the the Court concerned for necessary compliance.
It is made clear that this e-copy order be treated as Certified copy in terms of the advisories issued by the High Court from time to time.
(ROHIT ARYA) JUDGE sh Digitally signed by SEHAR HASEEN Date: 08/07/2020 19:12:41