Madhya Pradesh High Court
Mohd. Salman @ Tarmiji vs The State Of Madhya Pradesh on 11 August, 2020
Author: Mohammed Fahim Anwar
Bench: Mohammed Fahim Anwar
1 MCRC-23794-2020
The High Court Of Madhya Pradesh
MCRC-23794-2020 AND MCRC-23749-2020
(MOHD. SALMAN @ TARMIJI Vs THE STATE OF MADHYA PRADESH)
(MOHD. SAHIB ALI Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 11-08-2020
Heard through Video Conferencing.
Shri Raman Patel Advocate for the applicant-Mohd. Salman.
Shri M. Shafiqullah Advocate for the applicant-Mohd. Sahib.
Shri Sourabh Soni, Panel Lawyer for the respondent-State.
Since both these Misc. Criminal Cases have arisen from the same Crime Number (Crime No.184/2020), they have been analogously heard and are being disposed of by this common order.
Heard on these first applications for bail under Section 439 of the Cr.P.C. filed on behalf of the applicants in connection with Crime No.184/2020 registered at Police Station Omti, Jabalpur under Sections 394, 341, 34, 411 of the Indian Penal Code.
The case of the prosecution is that, on 25.6.2020 at about 4:45 p.m. near Tularam Chowk, Jabalpur, applicants intercepted complainant-Vishal Rai and snatched his mobile phone worth Rs.18,000/- and inflicted injuries with the help of knife by which he sustained simple injuries. A report was lodged by the complainant, on that basis crime under the aforementioned offence has been registered against the applicants and other co-accused person Juber.
Learned counsel for the applicants submitted that the applicants have not committed any offence and have falsely been implicated in the crime. It is further submitted that the applicants are permanent residents of the address shown in the applications. They are ready to furnish adequate surety and shall abide by all terms and conditions imposed upon them. There is no chance of their absconding or tampering with the evidence. It is also submitted that the applicants are in custody since 7.7.2020 and 8.7.2020. Only one criminal antecedent against them which is of the same day in which they are informed Signature Not Verified SAN to be enlarge on bail. In view of the aforesaid, prayer has been made to Digitally signed by MOHD IRFAN SIDDIQUI Date: 2020.08.11 16:54:51 IST 2 MCRC-23794-2020 enlarge the applicants on bail.
Learned Panel Lawyer for the respondent/ State on the other hand has opposed the bail applications.
Looking to the facts and circumstances of the case, particularly the fact that applicants are young youth of 20 and 21 years of age. No criminal antecedents are against them and they are in judicial custody since 7.7.2020 and 8.7.2020, in the opinion of this Court, the applicants deserve to be released on bail. Consequently, these first applications for bail under section 439 of the Cr.P.C. filed on behalf of applicants, are allowed. It is directed that applicant-Mohd. Salman @ Tarmiji and applicant-Mohd. Sahib Ali shall be released on bail on their furnishing a personal bond in the sum of Rs.30,000/ (Rupees thirty Thousand only) each with separate solvent sureity in the like amount to the satisfaction of the committal/trial Court for their appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicants shall also comply the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate t o issue the following direction to the jail authority :-
1. The Jail Authority shall ensure the medical examination of the applicants by the jail doctor before their release.
2. The applicants shall not be released if they are suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3 . If it is found that the applicants are suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
These M.Cr.C. stands allowed and disposed of.
Certified copy as per rules Signature Not Verified SAN (MOHD. FAHIM ANWAR) Digitally signed by MOHD IRFAN SIDDIQUI Date: 2020.08.11 16:54:51 IST 3 MCRC-23794-2020 JUDGE irfan Signature Not Verified SAN Digitally signed by MOHD IRFAN SIDDIQUI Date: 2020.08.11 16:54:51 IST