Madhya Pradesh High Court
Majid Khan vs The State Of Madhya Pradesh on 29 April, 2021
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1 MCRC-1681-2021
The High Court Of Madhya Pradesh
MCRC-1681-2021
(MAJID KHAN Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 29-04-2021
Heard through Video Conferencing.
Shri Sunil Kumar Mishra, learned counsel for the applicant.
Ms. Garima Tiwari, learned Panel Lawyer for the respondent/State.
T he applicant has filed this Second application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 06/02/2020 by Police Station Baldeogarh, Distt. Tikamgarh (M.P.) in connection with Crime No.16/2020 registered for offence under Sections 457,380, 511, 427 of IPC and Sections 25/27 of Arms Act.
It is submitted by learned counsel for the applicant- Majid Khan that the applicant has not committed any offence. He has falsely been implicated in this case. Applicant is in custody since 06/02/2020, i.e. for more than a year. Earlier application was dismissed on merits by Co-ordinate Bench of this Court vide order dated 25/08/2020 passed in M.Cr.C. No.25440/2020. Now the change circumstance is that the charge-sheet has been filed. Due to present situation of COVID-19 pandemic, there is no possibility of commencement of trial in near future. Applicant is ready to abide by any condition which may be imposed by this Court. Hence, learned counsel prays for grant of bail to the present applicant. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.
Learned State counsel has vehemently opposed the application and has submitted that under Sections 457,380, 511, 427 of IPC and Sections 25/27 of Arms Act, wherein the applicant along with other persons attempt to theft the ATM machine. It is further submitted that at the time of incident, one fire arm was also recovered from the possession of the applicant. Hence, prayed 2 MCRC-1681-2021 to reject this repeat application filed for grant of bail to the applicant.
Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.
Considering the facts and circumstances of the present case as well as looking to the custody period of the applicant and also the fact that charge-
sheet has been filed and trial will take its own time, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.
In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if his test is found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make his personal arrangements, then he shall be released. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would send him to the same jail from where he was released.
This order will remain operative 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 3 MCRC-1681-2021 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled;
5. The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;
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 SHO 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 for information.
Application stands disposed of in above terms. E-copy of this order be sent to the trial Court concerned for compliance.
Certified copy/ e-copy as per rules/directions.
(RAJEEV KUMAR SHRIVASTAVA) JUDGE Shubhankar* SHUBHANKAR MISHRA 2021.04.29 14:22:21 +05'30'