Madhya Pradesh High Court
Harimohan Niranjan vs The State Of Madhya Pradesh on 28 May, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
MCRC.13119.2020.
(Harimohan Niranjan Vs. State of M.P. )
GWALIOR; dated 28.5.2020.
Shri Ravindra Dixit, learned counsel, for the applicant.
Shri Vijaysunderam, learned P.L., for the respondent /State.
This is third bail application u/S.439 Cr.P.C. filed by the applicant for grant of bail. His first and second applications being M.Cr.C.No.52924 of 2019 and 8561 of 2019 were dismissed as withdrawn vide orders dated 9.1.2020 and 26.2.2020 respectively.
In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.
Applicant has been arrested on 27.11.2019 by Police Station Lahar district Bhind in connection with Crime No.345 of 2019 registered in relation to the offence punishable u/S.409, 420 and 34 of IPC and 6 (1) of M.P. Nipekshakon Ke Hiton Ka Sarankashan Adhiniyam.
It is submitted by the counsel for the applicant that the applicant has been falsely implicated in the case and he has not committed any offence. Investigation in the matter is complete and the charge sheet has been filed, therefore, no further custodial interrogation is required. The 2 THE HIGH COURT OF MADHYA PRADESH MCRC.13119.2020.
(Harimohan Niranjan Vs. State of M.P. ) applicant is in custody since 27.11.2019 where he is suffering from piles disease and his condition is deteriorating. His health status report was called by this court on previous date, which has been received and discloses that the applicant is suffering from piles and is in very uneasy condition. He prays that looking to the Covid 19 condition and his health status report, he may be released for sometime treating this bail application as an application for interim bail on the medical ground.
Per contra, learned Panel Lawyer appearing for the State submits that the health status report of the applicant has been received though disclosing the fact that the applicant is suffering from piles but it does not disclose any critical condition of the applicant. He submits that the applicant is getting regular treatment inside the jail and if he wishes to get himself treated in some private hospital, then he may be permitted to take such treatment under the police custody. He further submits that the son of applicant who is main accused in the case, is still absconding and has not surrendered before the court and on this ground also, previous application of the applicant was rejected.
Heard learned counsel for the parties and perused the case diary. Considering the alarming situation of Novel Corona Virus (COVID-19) and health condition of the applicant, this Court deems it appropriate to allow this application for grant of interim bail on medical ground.
Accordingly, this application is allowed. The applicant is directed 3 THE HIGH COURT OF MADHYA PRADESH MCRC.13119.2020.
(Harimohan Niranjan Vs. State of M.P. ) to be released for a period of 45 days (from the date of his release) on furnishing a surety bond of Rs.2,00,000/- (Rs. Two lac Only) with two solvent sureties in the like amount to the satisfaction of trial Court and submission of written undertaking that he will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed. The applicant shall surrender before CJM, Bhind on completion of 45 days from the date of release and information to this effect shall be sent by the court concerned to Registry of this court. The applicant shall furnish all documents pertaining to the medical treatment received by him during this 45 days before this court.
This order will remain operative for 45 days subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not involve any other offence, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station 4 THE HIGH COURT OF MADHYA PRADESH MCRC.13119.2020.
(Harimohan Niranjan Vs. State of M.P. ) as well as Superintendent of Police, District Bhind who shall inform the concerned SHO regarding the same.
Application stands allowed and stands disposed of. In view of the COVID-19, jail authorities are directed that before releasing the appellant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately.
E- copy of this order be provided to the appellant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.
(Vishal Mishra) Judge Rks.
RAM KUMAR SHARMA 2020.05.28 16:47:51 +05'30'