Madhya Pradesh High Court
Ravi Kumar Sakhwar vs The State Of Madhya Pradesh on 3 July, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
MCRC.19367.2020.
(Ravi Kumar Sakhwar Vs. State of M.P. )
GWALIOR; dated 03.07.2020.
Shri D.S.Tomar, learned counsel, for the applicant.
Shri Vijaysunderam, learned P.L., for the respondent /State.
This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. At the outset, counsel for the applicant submits that this application may be treated as application for grant of interim bail during this Covid 19 scenario.
In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.
Applicant has been arrested on 13.12.2019 by Police Station Ambah District Morena in connection with Crime No.488 of 2019 registered in relation to the offence punishable u/S.306 and 34 of IPC.
It is submitted by counsel for the applicant that since rejection of first bail application of applicant on 31.1.2020 in M.Cr.C.No.4428 of 2020 the applicant is in jail since 13.12.2019 and no case under Section 306 of IPC is made out against the applicant. As per prosecution story, there is demand of Rs.50,000/- from the deceased and failing to pay the same, he will be involved in a rape case. It is further submitted that 2 THE HIGH COURT OF MADHYA PRADESH MCRC.19367.2020.
(Ravi Kumar Sakhwar Vs. State of M.P. ) there is no instigation on the part of applicant to the deceased to commit suicide. He is ready to abide with all the conditions which may be imposed by this court. He expressed his willingness to serve the national cause by making contribution of Rs.5,000/- in PM Care Fund and install Arogya Setu App. On these grounds, the applicant prayed for grant of interim bail.
Per contra, learned Panel Lawyer appearing for the State submits that earlier application of the applicant was dismissed with liberty to repeat the same after recording of statements of material witnesses. But he fairly submits that none of material witness could be examined due to lock down as there is no regular functioning of the trial court.
Heard learned counsel for the parties and perused the case diary. Considering the alarming situation of Novel Corona Virus (COVID-19) this Court deems it appropriate to allow this application for grant of interim bail.
Accordingly, this application is allowed. The applicant is directed to be released for a period of 45 days (from the date of his release) on furnishing a surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with two solvent sureties in the like amount to the satisfaction of trial Court. The applicant shall deposit Rs.5,000/- in PM CARES Fund having Account Number : 2121PM20202, IFSC Code:
SBIN0000691, SWIFT Code : SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch within seven 3 THE HIGH COURT OF MADHYA PRADESH MCRC.19367.2020.
(Ravi Kumar Sakhwar Vs. State of M.P. ) working days from the date of release. The applicant shall submit written undertaking that he will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed. The applicant shall surrender before CJM, Morena on completion of 45 days from the date of release and information to this effect shall be sent by the court concerned to Registry of this court.
This order will remain operative for 45 days subject to compliance of the following conditions by the applicant :-
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 him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not involve any other offence, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The applicant will inform the concerned S.H.O. 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 as well as Superintendent of Police, District Morena who shall inform the concerned SHO regarding the same.
Application stands allowed and disposed of. In view of the COVID-19, jail authorities are directed that before releasing the appellant, medical examination of applicant shall be 4 THE HIGH COURT OF MADHYA PRADESH MCRC.19367.2020.
(Ravi Kumar Sakhwar Vs. State of M.P. ) undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately.
E- copy of this order be provided to the appellant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.
CC as per rules.
(Vishal Mishra) RAM KUMAR SHARMA 2020.07.03 Judge 18:19:16 +05'30' Rks.