Madhya Pradesh High Court
Jalil Khan vs The State Of Madhya Pradesh on 11 September, 2020
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-31373-2020
The High Court Of Madhya Pradesh
MCRC-31373-2020
(JALIL KHAN Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 11-09-2020
Heard through Video Conferencing.
Shri Shambhu Dayal Gupta, Advocate for the petitioner.
Shri Shankar Dayal Mishra, P.L. for the respondent/State.
This is first bail application filed on behalf of the petitioner under Section 439 of the Code of Criminal Procedure. The petitioner is in custody since 24.02.2020 in connection with Crime No. 24/2020 registered at Police Station- Lavkushnagar District- Chhatarpur (M.P.) for the offence punishable under Section 457 & 380 of IPC.
Case of prosecution is that complainant Deepak lodged a report against unknown persons in the Police Station Lavkushnagar for theft. FIR was registered. During investigation it is found that on 28.01.2020 present petitioner-accused and co-accused entered in the Madhyanchal Gramin Bank Sanjay Nagar and theft Hard-disk, Set top box Modem of CCTV Cameras and other articles and damaged the lock of the bank.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case, he is not named in the FIR, no theft property is seized from his possession. No eye witness is available on record, so there is no material available on record on which it can be said that petitioner-accused entered in the Bank and theft the property. There is only disclosure statement of the petitioner-accused, except this no other material is available on record. and he is in jail since 24.02 2020. Charge-sheet has been filed.
2 MCRC-31373-2020 He is not previously convicted. It is the time of COVID-19 due to which further proceeding of trial is withheld, so trial will take time for its final disposal. There is no probability of his absconding or tampering with the prosecution evidence. On these grounds, he prays for grant of bail to the petitioner.
Panel Lawyer for State opposes the bail application. Considering the contention of both the parties and the fact that petitioner-accused is not named in the FIR, no theft property is seized from his possession, only Rs. 210/- has been seized from his possession, he is not previously convicted, is in jail since 24.02.2020, charge-sheet has been filed, it is the time of COVID-19 due to which further proceeding of trial is withheld, so trial will take time for its final disposal. and there is no probability of absconding of the petitioner and tampering with the prosecution evidence, this court is of the considered view that it would not appropriate to keep the petitioner-accused in jail whole the trial, therefore without commenting on merits of the case, application of the petitioner under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that petitioner- Jalil Khan be released on bail on his furnishing a bail bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the same amount, to the satisfaction of the Trial Court for his appearance before it on the dates given by the concerned Court. It is further directed that the petitioner shall comply with the provisions of Section 437(3) of the Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' 3 MCRC-31373-2020 the petitioner 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 to issue the following direction to the jail authority :-
1. The Jail Authority shall ensure the medical examination of the petitioner by the jail doctor before his release.
2 . The petitioner shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3 . If it is found that the petitioner is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE MISHRA ARVIND KUMAR MISHRA 2020.09.11 17:24:51 +05'30'