Madhya Pradesh High Court
Mo. Farukh @ Raja vs The State Of Madhya Pradesh on 10 June, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-50252-2020
The High Court Of Madhya Pradesh
MCRC-50252-2020
(MO. FARUKH @ RAJA Vs THE STATE OF MADHYA PRADESH)
MCRC/02787/2021
Arman vs. State of Madhya Pradesh
3
Indore, Dated : 10-06-2021
Heard through Video Conferencing.
Shri Sunil Gupta,learned Senior counsel with Shri Rajnish Yadav,
learned counsel for applicant Mo. Farukh @ Raja).
Shri Monesh Jindal, learned counsel for the applicant Arman.
Ms Soumya Maru, learned Panel Lawyer for the respondent/State.
Shri Aditya Choudhary, learned counsel on behalf of complainant. Both the bail applications are being decided with this common order. This is 4th bail application filed under Section 439 of Cr.P.C. on behalf of applicant Mo. Farukh @ Raja and 2nd Bail application on behalf of applicant Arman. The applicants are incustody since 31.05.2020 and 28.05.2020 respectively in connection with Crime No.243/2020 registered at P.S., Aazadnagar, District Indore for the offence punishable under Sections 294, 307, 323 and 34 of IPC.
Earlier bail applications of the applicants have been dismissed as withdrawn.
As per prosecution story, on 28.05.2020 at about 9.30PM, while the complainant was standing in front of his house, he heard quarrelsome noise from the nearby place where he rushed and found that co-accused Arman alongwith two other persons had hurling filthy abuses and also assaulted physically to his younger brother Abdul and thereafter when the applicant Farukh caught hold his brother, co-accused Arman has caused knife injuries in abdomen of Abdul and he fell down. Thereafter, he was hospitalized in M.Y. Hospital, Indore and given treatment in the hospital for the period of 28.05.2020 to 05.06.2020. Accordingly, case has been registered against the applicants.
Signature Not VerifiedDigitally signed by SAN AMIT KUMAR
Date: 2021.06.11
14:38:06 IST
2 MCRC-50252-2020
Investigation is complete and charge-sheet has been filed. Learned counsel for the applicants submits that applicants have no criminal antecedents. Applicants are in custody since 28.05.2020 and 31.05.2020 respectively. Investigation is complete and chargsheet has been filed. They are no more required for custodial investigation. Neither there was any intention nor enmity with the complainant. Looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Hence, under such circumstances and on the ground of parity, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper.
P er contra, learned Panel Lawyer supports the order impugned and opposes the bail applications with submission that gravity of the offence can be adjusted with the fact that the applicant had caught hold the injured Abdul and co-accused had caused knife injuries to him. The injuries are life threatening. Hence no indulgence is warranted.
Learned counsel for the objector/complainant submits that he has no objection if the the bail applications of the applicants are allowed as both the parties are members of the same community and are well known to each other.
A t this stage, learned counsel for the applicants, on instructions graciously and voluntarily submits that looking to grave critical social economic condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage and due to outbreak of Covid-19 Pandemic, the applicants are prepared to deposit a sum of Rs.35,000/- (Rs.Thirty Five Thousand only) each in the office of Jila Bal Sanrakshan Samiti, Indore (Axis Bank Account No. 911010007267684 IFSC Code UTIB0000503) for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams or orphans Signature Not VerifiedDigitally signed by living in orphanage in the city of Indore in dire need of such SAN AMIT KUMAR Date: 2021.06.11 14:38:06 IST 3 MCRC-50252-2020 amenities/facilities and also to the sufferers of Covid-19 Pandemic. However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of applicants on bail.
Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that applicants who have no criminal antecedents, they are in jail since 28.05.2020 and 31.05.2020 respectively, investigation is complete and chargesheet has been filed, they are not required for custodial investigation. Moreso, due to Covid-19 pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, they is held entitled for enlargement on bail.
Consequently, the applications of the applicants filed under Section 439 of the Criminal Procedure Code, 1973 are hereby allowed. It is directed that the applicants be released on bail furnishing personal bond in the sum of Rs. 3,00,000/- (rupees three lakhs only) each with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that they shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:
( i ) the applicants shall prepare a demand draft for Rs.35,000/- (Rupees Thirty Five Thousand only) each of any nationalized bank in favour of Jila Bal Sanrakshan Samiti, Indore (Axis Bank Account No. 911010007267684 IFSC Code UTIB0000503) to be utilized for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams and orphans living in orphanage and also to the sufferers of Covid-19 Pandemic in the city of Indore in dire need of such amenities/facilities. The amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicants.
(ii) (a) the applicants shall submit the original demand drafts alongwith copy of the order passed today through his counsel before Signature Not VerifiedDigitally signed by SAN AMIT KUMAR Date: 2021.06.11 14:38:06 IST 4 MCRC-50252-2020 the Principal Registrar of this Bench, for keeping the same in his safe custody.
(ii) (b) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.
(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in relation to the present case.
(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Indore is also directed to maintain a separate account (for production of the record as and when directed for).
( i v ) the applicants shall mark their attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.
(v) the applicants will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(vi) the concerned jail authorities are directed that before releasing the applicants, the medical examination of the applicants be conducted through the jail doctor and if it is prima facie found that they are having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicants shall be released on bail in terms of the conditions imposed in this order.
(vii) in the event of violation of any of the terms and conditions of the order by the applicants, the prosecution is at liberty to seek cancellation of the bail granted to the applicants.
(viii) in future, if the applicants are found to be involved in such nature Signature Not VerifiedDigitally signed by SAN AMIT KUMAR Date: 2021.06.11 14:38:06 IST 5 MCRC-50252-2020 of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically.
Observations made on facts touching merits of the case are only for the purpose of deciding the bail applications and shall not have any bearing on the pending trial.
Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police station for information and necessary action.
E-certified copy as per rules.
(ROHIT ARYA)
JUDGE
amit
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN AMIT KUMAR
Date: 2021.06.11
14:38:06 IST