Madhya Pradesh High Court
Panchu Lodhi vs The State Of Madhya Pradesh on 24 September, 2020
Author: Atul Sreedharan
Bench: Atul Sreedharan
1 MCRC-48255-2019
The High Court Of Madhya Pradesh
MCRC-48255-2019
(PANCHU LODHI Vs THE STATE OF MADHYA PRADESH) 5 Jabalpur, Dated : 24-09-2020 Heard through Video Conferencing.
Mr. A.K. Saxena, learned counsel for the applicant. Mr. U.Agrawal, learned P.L. for the State.
Heard.
This is the second bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.35/2017 for the offences punishable under Section 450, 307, 302, 427 and 460 of the I.P.C., registered at Police Station-Bakswaha, District-Chhatarpur.
The applicant is in judicial custody since 10.02.2017 in the aforementioned case. The allegation against him is of having committed the murder of the deceased by pouring kerosene oil over the deceased and setting her on fire. There is a dying declaration of the deceased which squarely implicates the applicant herein.
This is the second application for grant of bail, the first one having been dismissed vide order dated 23.07.2018 in M.Cr.C. No.20987/2017. Thereafter, the trial proceeded against the applicant and in the month of May, 2019, three witnesess were examined. They are the two sons of the deceased and the daughter in law of the deceased. Out of the three, two of them were living in the same house along with the deceased. All the three witnesses have turned completely hostile. In the Court statements, they have absolved the applicant herein. Thereafter, the recording of the evidence were stayed before the learned trial Court on account of the prevailing circumstances created due to Covid-19 virus.
Looking at the period of judicial custody of the applicant, which is more than three years and the fact that the two sons and the daughter-in-law Signature Not Verified SAN of the deceased themselves have turned hostile and have not supported the Digitally signed by ASHISH DATTA Date: 2020.09.24 16:32:41 IST 2 MCRC-48255-2019 prosecution's case as also the fact that the early end of the trial does not seem probable in the near future on account of Covid-19 pandemic, the application is allowed and it is directed that the applicant shall be enlarged on bail upon her furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial Court.
The Jail authorities shall have the applicant checked by the Jail doctor to ensure that he is not suffering from the coronavirus and if he is, he shall be sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the Jail authorities.
C.C. as per rules.
(ATUL SREEDHARAN) JUDGE a Signature Not Verified SAN Digitally signed by ASHISH DATTA Date: 2020.09.24 16:32:41 IST