Madhya Pradesh High Court
Indal @ Inder Si Ngh Patta vs The State Of Madhya Pradesh on 9 July, 2021
Author: Atul Sreedharan
Bench: Atul Sreedharan
1 MCRC-28713-2021
The High Court Of Madhya Pradesh
MCRC-28713-2021
(INDAL @ INDER SI NGH PATTA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 09-07-2021
Heard through Video Conferencing.
Shri Durgesh Singrore, learned counsel for the applicant.
Shri Sachin Jain, learned panel lawyer for the respondent/State.
This first application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to applicant Indal @ Inder Singh Patta in connection with Crime No.03/2020 for offences punishable under Sections 376, 376 (2) (f) 376 (2)(L), 450, 511 of the Indian Penal Code registered at Police Station Tikariya District Mandla.
The applicant is in judicial custody since 12.01.2020 in the aforesaid case. The allegation against him is that he attempted to commit the rape of the prosecutrix who though an adult is mentally retarded.
Learned counsel for the State while opposing the application for grant of bail has submitted that previously the first application of the applicant was dismissed on merits by this Court vide order dated 31.08.2020 in M.Cr.C.No.10565/2020. He also submitted that looking to the nature of the offence and the fact that the applicant tried to rape a mentally retarded lady, the applicant does not deserve bail.
Per contra, learned counsel for the applicant has drawn the attention of this Court to Annexure A/2 at page 10 to 11 which is the order passed by this Court (by a Coordinate Bench of Hon'ble Shri Justice Mohd. Fahim Anwar, since superannuated), by which the application was dismissed on merits on 31.08.2020.
Learned counsel for the applicant has sought bail on the ground of delayed trial that since then, though the charge has been framed, not a single witness has been examined in this case and the allegations against the applicant is only of having attempted to commit rape of the prosecutrix. He Signature Not Verified SAN further states that besides this case, there are no other antecedents against the Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.07.10 16:00:48 IST 2 MCRC-28713-2021 applicant herein. As regards the antecedents of the applicant, the same has not been disputed by the learned counsel for the State.
Looking to the facts and circumstances of the case and though a previous application was dismissed on merits by this Court, this Court is satisfied that even after the applicant was taken into custody on 12.01.2020 and more than one and half years have been passed since then and till date not a single witness having been examined by the prosecution and the fact that there are no previous antecedents against the applicant, but for the present case, the application is allowed. It is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees 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 applicant checked by the jail doctor to ensure that he is not suffering from the Novel Corona Virus (COVID-19) disease 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.
Certified copy as per rules.
(ATUL SREEDHARAN) JUDGE AM Signature Not Verified SAN Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.07.10 16:00:48 IST