Madhya Pradesh High Court
Pankaj Pal vs The State Of Madhya Pradesh on 9 June, 2021
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
01 HIGH COURT OF MADHYA PRADESH
CRA. No. 3308/2021
(Pankaj Pal vs. State of M.P. & Anr.)
Gwalior, Dated: 09/6/2021
Heard through video conferencing.
Shri D.R. Sharma, learned counsel for the appellant.
Shri Ravindra Singh Kushwah, learned Dy. Advocate
General for respondent No.1/State.
This first criminal appeal under Section 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short "SC/ST Act") has been filed against the order dated 10/3/2021 passed by Special Judge (SC/ST Act), Datia in Bail Application No.265/2021 by which regular bail application of the appellant has been rejected.
The appellant has been arrested on 31/12/2020 in connection with Crime No.173/2020 registered at Police Station Tharet, District Datia for offence under Sections 307, 323, 294, 147, 148 and 149 of IPC and Sections 3 (2) (da) and 3 (2 (dha) (V-a) of SC/ST Act.
It is submitted by learned counsel for the appellant - Pankaj Pal that the appellant has been falsely implicated. He has not committed any offence. Appellant is in custody since last more than five months. Now, investigation is complete and charge-sheet has been filed. Trial will take long time to conclude. The case is of 02 HIGH COURT OF MADHYA PRADESH CRA. No. 3308/2021 (Pankaj Pal vs. State of M.P. & Anr.) single gunshot injury on the shoulder of the victim which is not a vital part. It is further submitted that other co-accused persons have already been granted bail and case of the present appellant is also on the same footings. Hence, prayed for grant of bail to the appellant. He further undertakes to abide by all the terms and conditions of guidance, 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.
Learned counsel for the State has opposed the appeal and has submitted that the present appellant is the main accused who caused gunshot injury to the victim, therefore, in case of grant of bail, prosecution evidence would be adversely affected. Hence, prayed to reject the appeal.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the available record.
Considering the arguments advanced by learned counsel for the appellant along with the fact that there is bleak possibility of completion of trial in near future looking to the current COVID-19 03 HIGH COURT OF MADHYA PRADESH CRA. No. 3308/2021 (Pankaj Pal vs. State of M.P. & Anr.) situation, without commenting on merits of the case, the application is allowed and it is hereby directed that the appellant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.
In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the appellant, his/her Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the appellant to his/her house, and if the test is found positive then the appellant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the appellant is fit for release and if he/she is in a position to make his/her personal arrangements, then he/she shall be released only after taking due travel permission from local administration. After release, the appellant 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 appellant has violated any of the instructions (whether 04 HIGH COURT OF MADHYA PRADESH CRA. No. 3308/2021 (Pankaj Pal vs. State of M.P. & Anr.) 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/her in custody and would send him/her to the same jail from where he/she was released.
This order will remain operative subject to compliance of the following conditions by the appellant :-
1. The appellant will comply with all the terms and conditions of the bond executed by him/her;
2. The appellant will cooperate in the investigation/trial, as the case may be;
3. The appellant will not indulge herself/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;
4. The appellant shall not commit an offence of which he is accused;
5. The appellant will not move in the vicinity of complainant party and appellant will not seek unnecessary adjournments during the trial;
6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
and
7. The appellant will inform the SHO of 05 HIGH COURT OF MADHYA PRADESH CRA. No. 3308/2021 (Pankaj Pal vs. State of M.P. & Anr.) concerned police station about his/her 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;
Application stands allowed and disposed of. E- copy of this order be sent to the trial Court concerned for compliance.
Certified copy/ e-copy as per rules/directions. ALOK Digitally signed by ALOK KUMAR KUMAR 16:40:44 +05'30' (Rajeev Kumar Shrivastava) Date: 2021.06.09 AKS Judge