Madhya Pradesh High Court
Shailesh @ Munna Jaiswal vs The State Of Madhya Pradesh on 24 June, 2020
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 MCRC-14799-2020
The High Court Of Madhya Pradesh
MCRC-14799-2020
(SHAILESH @ MUNNA JAISWAL Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 24-06-2020
This matter is taken up through video conferencing as per the direction
of Hon'ble the Chief Justice on account of outbreak of pandemic (COVID-
19) in the country.
Shri M.S.Bhatti, learned counsel for the applicant.
Shri Devendra Gangrade, learned Panel Lawyer for the respondent/
State.
Heard.
This is the first application under Section 438 Cr.P.C. for anticipatory bail. The applicant apprehends his arrest in connection with Crime No.214/2020 registered at Police Station Belbagh District Jabalpur(M.P.) for the offence punishable under Section 326,323,324,294,506,188 read with Section 34 of IPC and Section 25 of Arms Act.
Learned counsel for the applicant submits that as per the allegation made against the present applicant he was not armed with any weapon and also not caused any injury to the complainant/injured person. As per prosecution story he has provoked the other person to cause injury though other co-accused persons have caused injury to the complainant/injured. It is further submitted that as per the documents filed by the applicant he is suffering from Kidney disease and also overweight which is164 kg.
Shri Gangrade, learned counsel appearing for the respondent-State submits that though the applicant has not caused any injury to the complainant/injured he cannot be enlarged on bail only on this ground.
Considering the rival contention of learned counsel for parties and taking note of the fact that this is the time of outbreak of pandemic Covid-19 and applicant is suffering from Kidney disease and also not caused any injury to the complainant/injured in the interest of justice in the present Digitally signed by SMT SUSHMA KUSHWAHA Date: 24/06/2020 15:48:43 2 MCRC-14799-2020 circumstances application filed by the applicant is allowed.
It is directed that in the event of arrest or surrender of the applicant, he shall be enlarged on bail on his furnishing a bail bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Arresting Officer concerned.
It is further directed that the applicant shall abide by the conditions mentioned in section 438(2) of the Code of Criminal Procedure.
A copy of this order be forwarded to the concerned trial Court through E-mail.
(SANJAY DWIVEDI) JUDGE S /-
Digitally signed by SMT SUSHMA KUSHWAHA Date: 24/06/2020 15:48:43