Madhya Pradesh High Court
Satvan @ Satya vs The State Of Madhya Pradesh on 11 June, 2021
Author: Nandita Dubey
Bench: Nandita Dubey
1 MCRC-23896-2021
The High Court Of Madhya Pradesh
MCRC-23896-2021
(SATVAN @ SATYA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 11-06-2021
Heard through Video Conferencing.
Shri K.S. Rajput, learned counsel for the applicant.
Ms. Shraddha Tiwari, learned Panel Lawyer for the
respondent/State.
This is repeat (third) bail application filed by the applicant under Section 439 of the Cr.P.C. First bail application was dismissed as withdrawn vide order dated 25.11.2020 and second bail application was dismissed on merits vide order dated 27.01.2021.
The applicant is in custody since 13.06.2020 in connection with C r i me No.190/2014 registered at P.S. Narmadanagar, District- Khandwa (MP) for the offence punishable under Section 392 of IPC.
As per prosecution, the present along with another co-accused has looted the cash, jewellery and a mobile from the complainant when she along with her nephew was returning from temple.
Learned counsel for the applicant submits that the eye witness and the victim have been examined before the trial Court and they have not identified the present applicant. He has read out the statement of one Ashutosh (PW/2), who was with the complainant Sushila (PW/3) at the time of incident. Sushila (PW/3) has also stated that she has seen the applicant through video conferencing for the first time after the incident. Referring to para 7 of the statement of Sushila (PW/3), it is pointed out that she could not identify the person as at the time of incident both the co-accused persons have covered their Signature Not Verified faces with mask. It is stated that under the circumstances, the SAN Digitally signed by BHARTI GADGE Date: 2021.06.11 17:08:56 IST 2 MCRC-23896-2021 applicant may be released on bail.
Learned Panel Lawyer for the State has opposed the bail application but fairly submits that nothing has been seized from the present applicant. She has pointed out to para 8 of the statement of Sushila (PW/3) that she has categorically identified the person through video conferencing in the Court.
On due consideration of the case diary and the statements on record and considering that the applicant is in custody for more than one year and without adverting to the merits of the case, this application is allowed.
It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.
This order will remain operative 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 commit any other offence during pendency of the trial, failing which this bail order shall stand Signature Not Verified SAN Digitally signed by BHARTI GADGE Date: 2021.06.11 17:08:56 IST
3 MCRC-23896-2021 cancelled automatically without further reference to the Bench.
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 learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt.
A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to the learned Panel Lawyer, on their respective email addresses for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court below also.
Certified copy/e-copy as per rules/directions.
(NANDITA DUBEY) JUDGE b Signature Not Verified SAN Digitally signed by BHARTI GADGE Date: 2021.06.11 17:08:56 IST