Madhya Pradesh High Court
Ram Kumar Soni vs The State Of Madhya Pradesh on 3 September, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-34310-2021
The High Court Of Madhya Pradesh
MCRC-34310-2021
(RAM KUMAR SONI Vs THE STATE OF MADHYA PRADESH)
6
Jabalpur, Dated : 03-09-2021
Heard through Video Conferencing.
Shri B.K. Shukla, Advocate for petitioner.
Shri Santosh Yadav, P.L. for the respondent/State.
This is first bail application filed by the petitioner under Section 439 of the Code of Criminal Procedure.
The petitioner is in custody since 22.06.2021 in connection with Crime No. 36/2021 registered at P.S.- Aamasoud, District-Sagar (M.P.) for the offence punishable under Sections 457, 380, 411 and 201 of IPC.
Pr o s e c uti o n story, in short, is that on 02.04.2021, complainant/Anjali, Neha, Alkesh Patel, Jitendra Pal, Alok Katiyar, Dipesh Tiwari, Harishankar Rai, Abhishek Yadav and Suresh Singh had gone from their house. Meanwhile, some unknown persons committed theft ornaments and some other material from their house. FIR was lodge.
During the investigation co-accused/Ranveer Singh Bundela @ Sandehi Bhagole and Jagdish were arrested. They disclosed that they sold out that ornaments to the present petitioner/accused.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Petitioner is a jeweler. No theft property was seized from his possession. Petitioner has n o previous criminal antecedent, therefore, there is no probability to repeat the offence. Petitioner/accused is in custody since 22.06.2021. Charge-sheet has been filed. It is time of COVID-19 pandemic, due to this, trial will take time for its final disposal. There is no probability of his absconding or tampering with the evidence of prosecution witness. Petitioner/accused is breadwinner of his family, if he is kept in custody for an unlimited Signature Not Verified SAN Digitally signed by ROSHNI SINGH PATEL Date: 2021.09.03 14:46:01 IST 2 MCRC-34310-2021 period then future of his family will be spoiled. On these grounds, learned counsel for the petitioner prays for allowing this bail application.
Panel Lawyer for the respondent/State opposed the bail. Considering the contention of both the parties and this fact that petitioner/accused is not mentioned in the FIR, he made as an accused on the basis of memorandum of co-accused, only 180gm. gold was seized from the possession of petitioner/accused, he has no previous criminal antecedent, therefore, there is no probability to repeat the offence, petitioner/accused is in custody since 22.06.2021, charge-sheet has been filed, it is time of COVID-19 pandemic, due to this, trial will take time for its final disposal, there is no probability of his absconding or tampering with the evidence of prosecution witness, so, it would not be appropriate to keep the petitioner in jail whole the trial. Therefore, without commenting on merits of the case, application of the petitioner under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that the appellant-Ram Kumar Soni be released on bail on his furnishing a bail bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court for his appearance before it on the dates given by the concerned Court. Petitioner is directed to comply the provisions of Section 437(3) of Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the petitioner shall also comply the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo motto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-
Signature Not Verified SAN1. The Jail Authority shall ensure the medical examination of the Digitally signed by ROSHNI SINGH PATEL Date: 2021.09.03 14:46:01 IST
3 MCRC-34310-2021 petitioner by the jail doctor before his release.
2 . The petitioner shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3 . If it is found that the petitioner is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE R Signature Not Verified SAN Digitally signed by ROSHNI SINGH PATEL Date: 2021.09.03 14:46:01 IST