Madhya Pradesh High Court
Sarvar Khan @ Sahil Khan vs The State Of Madhya Pradesh on 10 June, 2021
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 MCRC-22667-2021
The High Court Of Madhya Pradesh
MCRC-22667-2021
(SARVAR KHAN @ SAHIL KHAN Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 10-06-2021
Heard through Video Conferencing.
Shri Sourabh Bhushan Shrivastava, counsel for the applicant.
Shri Dilip Singh Parihar, Panel Lawyer for the respondent-State.
Heard.
This is third application on behalf of applicant under Section 439 of the Code of Criminal Procedure for grant of bail.
Earlier application of the applicant was dismissed as withdrawn with liberty to move a fresh application after a period of two months. Therefore, the applicant has filed the present application availing the said liberty.
Applicant is in custody since 05.10.2020 in connection with Crime No. 581/2019 registered by Police Station Bina, District Sagar for the offences punishable under Sections 294, 323, 324, 506, 34 and 307 of the Indian Penal Code.
Learned counsel for the applicant submits that though the present applicant was said to have been armed with Axe and also caused injuries to the complainant, but those injuries were of simple in nature. He submits that the other co-accused persons, who also assaulted the complainant, have already been enlarged on bail. The present applicant is in jail since 05.10.2020. He further submits that at present physical trial is not being conducted in the courts and it is also not sure as to when it would start. Therefore, applicant may be enlarged on bail.
O n the other hand, learned counsel for the respondent-State has opposed the bail application and submitted that in view of the injuries sustained by the complainant, applicant is not entitled to be released on bail.
Considering the arguments advanced by the learned counsel for the parties, without commenting anything on merit, this application is allowed. It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Signature Not Verified SAN Rs.50,000/- with a surety bond of like amount to the satisfaction of the Digitally signed by RAGHVENDRA SHARAN SHUKLA Date: 2021.06.11 11:21:09 IST 2 MCRC-22667-2021 CJM/JMFC/trial Court concerned.
It is further directed that applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
The jail authority is also directed to ensure that before his release, the applicant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that the applicant can be released, then he shall be released.
Certified copy as per rules.
(SANJAY DWIVEDI) JUDGE RAGHVENDRA Signature Not Verified SAN Digitally signed by RAGHVENDRA SHARAN SHUKLA Date: 2021.06.11 11:21:09 IST