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Madhya Pradesh High Court

Leeladhar Raikwar vs The State Of Madhya Pradesh on 19 August, 2020

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                      1                          MCRC-7091-2020
         The High Court Of Madhya Pradesh
                   MCRC-7091-2020
                 (LEELADHAR RAIKWAR Vs THE STATE OF MADHYA PRADESH)

4
Jabalpur, Dated : 19-08-2020
        Heard through Video Conferencing.
        Smt Indu Pandey, learned counsel for the applicant.
        Shri Ritwik Parashar, learned Panel Lawyer for the respondent/State

Heard.

This sixth bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with Crime No.94/2017 registered at Police Station Lodhikheda District Chhindwara(M.P.) for the offence punishable under Section 294, 323, 302/34 of IPC. His first application was dismissed on merit vide order dated 25/10/2017, Second one was dismissed on merit vide order dated 13/07/2018 and third application was dismissed vide order dated 15/11/2018 and fourth bail application was dismissed on merit on 13/03/2019 and fifth application was dismissed on merit on 21/08/2019.

Learned counsel for the applicant submits that fifth bail application of the applicant was rejected by the court although the statement of Dr.Rajesh Tidke (PW-7) has been taken note of by the Court and considering the same the court has directed the trial court to expedite the trial and conclude the same within a period of six months. Learned counsel for the applicant further submits that at present trial is still pending. Accordingly he has moved the present application asking court to grant the bail to the applicant as trial is not possible to be concluded in near future.

On the other hand, learned Panel Lawyer opposed the prayer for grant of bail to the applicant and submits that fifth bail application rejected by the Court on merit taking note of the statement of the doctor and therefore this application is not maintainable.

Learned counsel for the applicant has also relied upon a decision of Division Bench passed in M.Cr.C.No.16979/2020 (Deepak Sharma Vs. State of M.P.) wherein 2 MCRC-7091-2020 the applicant has been granted bail on the ground that due to COVID-19 there is no possibility of commencement of physical trial in near future in the court.

Considering the facts and circumstances of the case, taking note of the fact that there is no possibility of commencement of physical trial in near future, in view of the decision taken by the Division Bench and also the outbreak of pandemic (COVID-19) in the country, I am inclined to consider this bail application and same is allowed.

I t is directed that the applicant 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 same amount to the satisfaction of the Court concerned for his appearance on the dates given by it.

I t is further directed that the applicant 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 applicant is examined by the jail doctor to ascertain that the applicant is not affected with the COVID-19 virus. If the doctor suspects otherwise, he 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 applicant can be released, then he shall be released.

A copy of this order be forwarded to the concerned trial Court through E- mail.

(SANJAY DWIVEDI) JUDGE S /-