Madhya Pradesh High Court
Mazhar Khan vs The State Of Madhya Pradesh on 28 September, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No.35165/2020
( Mazhar Khan Vs The State of M.P. )
(1)
Gwalior, dated :28/09/2020
Shri Deepak Shrivastava, learned counsel for the applicant.
Shri Manish Nayak, learned Panel Lawyer for the respondent-
State.
In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail.
The applicant has been arrested on 22/04/2020 by Police Station Kotwali Distirct Datia (M.P.), in connection with Crime No. 201/2020 registered in relation to the offence punishable under sections 327, 323, 294, 506 and 427/ 34 of the IPC.
Allegations against the applicant, in short, are that the applicant along with co-accused came at the shop of the complainant and demanded Rs.50,000/-. When the complainant refused the same, they started abusing as well as assaulting the complainant and when the complainant's mother came to save him, they also beaten her and damaged the bike of the complainant. On the basis of aforesaid, HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.35165/2020 ( Mazhar Khan Vs The State of M.P. ) (2) crime has been registered.
Learned counsel for the applicant submits that applicant is a youth of 20 years of age and he has been falsely implicated in the case. Charge-sheet has been filed and no further custodial interrogation is required in the matter. It is further submitted by the learned counsel for the applicant that parties have entered into compromise and they have also moved an application under Section 320(2) of Cr.P.C. before the trial Court on 06/07/2020. Learned counsel for the applicant further submits that in view of COVID-19, outbreak detention of applicant in already congested prisons may be detrimental and trial is held up due to COVID-19. The applicant is in custody since 22/04/2020 and he is a permanent resident of District - Datia. Earlier co-accused Arman Khan has also been released on bail vide order dated 07/09/2020 passed in M.Cr.C. No.24939/2020. There is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer of grant of bail is made.
Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out and it is submitted that twelve cases are pending against the applicant.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.35165/2020 ( Mazhar Khan Vs The State of M.P. ) (3) At this stage, learned counsel for the applicant volunteered to deposit an amount of Rs.2,500/-(Rupees Two Thousand Five Hundred Only) in the account of the High Court Bar Association, Gwalior.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking before the concerned Court that he will abide by all the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.35165/2020 ( Mazhar Khan Vs The State of M.P. ) (4) It is made clear that benefit of bail shall be extended to the applicant only on depositing an amount of Rs.2,500/- (Rupees Two Thousand Five Hundred Only) in the account of the High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the Courts owing to ongoing COVID-19 pandemic. This Court has no manner of doubt that the office bearers and the Senior members of the Bar shall ensure that the donation reaches the rightful and deserving claimants. The applicant shall submit an attested photocopy of such receipt before the concerned Court for placing the same on record..
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant shall install Aarogya Setu App (if not already installed) in his mobile phone.
2. The applicant will comply with all the terms and conditions of the bond executed by him;
3. The applicant will cooperate in the investigation/trial, as the case may be;
4. 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
5. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.35165/2020 ( Mazhar Khan Vs The State of M.P. ) (5)
6. The applicant will not seek unnecessary adjournments during the trial; and
7. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
(S.A.Dharmadhikari) Judge Prachi* PRACHI MISHRA 2020.09.2 8 18:46:37 +05'30'