Madhya Pradesh High Court
Javed Khan vs The State Of Madhya Pradesh on 2 July, 2020
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.13798/2020
(Javed Khan Vs. State of M.P.)
Gwalior Bench: Dated 2/07/2020
Shri Tapendra Sharma, learned counsel for the applicant.
Shri Ranjeet Khanvilkar, learned PL for the respondent/State.
Matter is heard through Video Conferencing. The applicant has filed this fourth bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 30.11.2019 by Police Station Tendua, District Shivpuri, in connection with Crime No.125/2019 for the offence punishable under Sections 406, 407, 420, 120-B of IPC. First application and second application have been dismissed as withdrawn and third application has been dismissed vide order dated 6/3/2020 passed in M.Cr.C.No.8803/2020.
It is the submission of learned counsel for the applicant that he is suffering confinement since 30.11.2019 and charge-sheet has already been filed. Looking to the peculiar condition prevailing in respect of Covid-19, early conclusion of trial is a remote possibility and matter pertains to documentary evidence, therefore, applicant cannot tamper the evidence or witness in any manner. Therefore, looking to the peculiar fact situation and long period of custody, his bail be considered sympathetically. Even otherwise, he is ready to repay and reimburse the loss incurred to the complainant. He undertakes to cooperate in trial and would not be a source of HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No.13798/2020 (Javed Khan Vs. State of M.P.) embarrassment/harassment to the complainant party in any manner. He further undertakes to perform community service to purge his misdeeds if any. On these premises, he prayed for bail.
Learned counsel for the State opposed the prayer and prayed for dismissal of the bail application.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.
Considering the submissions advanced by learned counsel for the applicant as well as fact situation of the case, but without expressing any opinion on the merits of the case, this application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) along with two solvent sureties of the like amount to the satisfaction of trial Court and that he will have to install Arogya Setu App, if not already installed.
In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his preliminary Corona Virus test shall be conducted and if he is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if he is found positive then the applicant shall be immediately sent to concerned hospital for his treatment as per medical norms. If the applicant is fit for HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No.13798/2020 (Javed Khan Vs. State of M.P.) release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, the applicant 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 applicant has violated any of the instructions (whether 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 in custody and would sent him to the same jail from where he was released.
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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
HIGH COURT OF MADHYA PRADESH 4 M.Cr.C.No.13798/2020 (Javed Khan Vs. State of M.P.)
5. The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
7. The applicant will inform the SHO 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 for information.
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Certified copy/ e-copy as per rules/directions.
(Anand Pathak) Judge ms/-
MADHU SOODAN PRASAD 2020.07.03 12:02:00 -07'00'