Madhya Pradesh High Court
Sonu @ Sobharam vs The State Of Madhya Pradesh on 7 May, 2021
Author: Atul Sreedharan
Bench: Atul Sreedharan
1 MCRC-52917-2020
The High Court Of Madhya Pradesh
MCRC-52917-2020
(SONU @ SOBHARAM Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 07-05-2021
Heard through Video Conferencing.
Mr. Satyam Agarwal, learned counsel for the applicant.
Mr. Piyush Bhatnagar, learned Panel Lawyer for the respondent/State.
This is the third bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 158/2017 for the offences punishable under Sections 307, 294, 323, 302 and 34 of IPC registered at Police Station- Gopalpur District- Sehore, the earlier bail applications having been dismissed by this court vide orders dated 04-04- 2018 and 17-09-2019 as withdrawn with liberty given to the applicant to renew afresh after the statement of the eye-witnesses are recorded before the learned trial court.
Learned counsel for the State has opposed the grant of bail. He has drawn the attention of this court to the statement of P/9, who was an eye- witness. The eye-witness states that the applicant and the another co-accused were both armed with axes, with which, they inflicted injuries on the deceased on the facial aspect. Besides, he says that there is a statement of a child witness, which is yet to be recorded.
The applicant is in judicial custody since 03-11-2017 and had completed more than 3-1/2 years as an under-trial. As the statement of the material eye-witness has already been recorded in this case and even though, the said witness has prima facie appears to have testified against the applicant.
The inordinate delay in conclusion of the trial coupled with the fact that an early conclusion of the trial now seems even more improbable, on account of the Corona pandemic, therefore, on the ground of delayed trial, the Signature Not Verified SAN application is allowed and it is directed that the applicant shall be enlarged on Digitally signed by PARMESHWAR GOPE Date: 2021.05.08 13:29:24 IST 2 MCRC-52917-2020 bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial court.
The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the corona virus and if he is, he shall be sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the jail authorities.
C.C. as per rules.
(ATUL SREEDHARAN) JUDGE PG Signature Not Verified SAN Digitally signed by PARMESHWAR GOPE Date: 2021.05.08 13:29:24 IST