Madhya Pradesh High Court
Abdul Kareem vs The State Of Madhya Pradesh on 9 October, 2020
Author: Atul Sreedharan
Bench: Atul Sreedharan
1 CRA-4733-2020
The High Court Of Madhya Pradesh
CRA-4733-2020
(ABDUL KAREEM AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
4
Jabalpur, Dated : 09-10-2020
Heard through Video Conferencing.
Mr.Manish Datt, learned senior counsel with Mr.Siddharth Datt, and
Mr.Vikash Chouksey, learned counsel for the appellants.
Mr.Ayur Jain, learned Panel Lawyer for the respondent/State.
Mr.L.N.Sakle, learned counsel for the Objector.
This appeal under Section 14-A(1) of SC/ST Act has been filed for grant of bail to the appellants who have been arrested in connection with Crime No.291/2020 for offences punishable under sections 294, 323, 147, 148, 149, 452, 427, 506, 188, 326, 324, 307, 325, 302, 341 and 336 of IPC and section 3(2)(5a), 3(2)(5b) of SC/ST (Prevention of Atrocities) Act and section 25(1-b) of Arms Act and section 51(B) of Disaster Management Act, 2005 registered at Police Station-City Kotwali, District-Khandwa.
Learned counsel for the applicant wants to withdraw the appeal so far as it relates to the appellant nos.2, 3 and 4 with the liberty to file afresh in the month of July, 2021.
With the aforesaid liberty, the appeal so far as it relates to the appellant no.2, 3 and 4 is dismissed as withdrawn.
As regards the appellant no.1, he is 65 years old and he is in the high risk category as far as contacting the Covid-19 virus is concerned. The allegations against him is that he is a member of a large unlawful group. he has, however, been named in the FIR and the statement of the witnesses as one of the person who has participated in the offence.
Be that as it may, as the appellant has already completed four months incarceration as an under trial and the charge-sheet has been filed and on the grounds of the advanced age, the appeal so far as it relates to the appellant Signature Not Verified SAN no.1 is allowed and it is directed that the appellant shall be enlarged on bail Digitally signed by RAVIKANT KEWAT Date: 2020.10.09 17:38:19 IST 2 CRA-4733-2020 upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court.
The jail authorities shall have the appellant checked by the jail doctor to ensure that he is not suffering from the coronavirus 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.
However, by way of abundans cautela to ensure that there is confidence in the complainant and his family members and also in the community where there appears to be some tension on account of the incident, the appellant no.1 shall appear once in every 15 days before the S.H.O. Police Station-Kotwali, Khandwa. He shall appear for the first time before the concerned police station on 20.10.2020 and, thereafter, on such other dates as may be fixed by the S.H.O. concerned in this regard. In the event, the appellant no.1 fails to comply strictly so far as it relates to appearance before the S.H.O., Police Station-Kotwali, the State or the complainant can move an appropriate application for the cancellation of liberty given to him.
With the above, appeal is finally disposed of.
C.C. as per rules.
(ATUL SREEDHARAN) JUDGE rk.
Signature Not Verified SAN Digitally signed by RAVIKANT KEWAT Date: 2020.10.09 17:38:19 IST