Madhya Pradesh High Court
Anshu @ Shivans Singh vs The State Of Madhya Pradesh on 23 November, 2020
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.36630/2020
[Sourabh Verma (Bari) Vs. State of M.P]
&
M.Cr.C. No.35739/2020
(Aniket Kushwaha @ Bittu Vs. State of M.P.)
&
M.Cr.C. No.38438/2020
(Anshu @ Shivansh Singh Bargahi Vs. State of M.P.)
Jabalpur, Dated: 23.11.2020
Mr. Dhiresh Singh Pandey, learned counsel for the
applicant in M.Cr.C. No.36630/2020.
Mr. Devendra Kumar Shukla, learned counsel for the
applicant in M.Cr.C. No.35739/2020.
Ms. Neelima Singh, learned counsel for the applicant in
M.Cr.C. No.38438/2020.
Mr. H.S. Hora, learned Panel Lawyer for the
respondent/State.
Mr. Roop Singh Maravi, learned counsel for the complainant in M.Cr.C. No.35739/2020.
Heard and perused the case diary through video conferencing.
This order shall also govern the disposal of above men- tioned bail applications, as the same have arisen out of the same crime number.
M.Cr.C. No.36630/2020- This is the applicant's repeat (third) application under Section 439 of Cr.P.C. The applicant is in custody since 18.02.2020 in connection with Crime No.238/2020 registered at Police Station Kolgawan, District Satna (M.P.), for the offences punishable under Sections 307, 206, 506 & 34 of IPC and under Section 25/27 of the Arms Act, 1959. The earlier two applications of the applicant i.e. M.Cr.C. 2 Nos.17726/2020 & 15286/2020 were dismissed as withdrawn by this Court on 14.08.2020 & 21.08.2020, respectively.
M.Cr.C. No.35739/2020- This is the applicant's repeat (third) application under Section 439 of Cr.P.C. The applicant is in custody since 11.04.2020 in connection with Crime No.238/2020 registered at Police Station Kolgawan, District Satna (M.P.), for the offences punishable under Sections 307, 206, 506 & 34 of IPC and under Section 25/27 of the Arms Act, 1959. The earlier two applications of the applicant i.e. M.Cr.C. Nos.12240/2020 & 29671/2020 were dismissed as withdrawn by this Court on 14.07.2020 & 01.09.2020, respectively.
M.Cr.C. No.38438/2020- This is the applicant's repeat (second) application under Section 439 of Cr.P.C. The applicant is in custody since 17.02.2020 in connection with Crime No.238/2020 registered at Police Station Kolgawan, District Satna (M.P.), for the offences punishable under Sections 307, 206, 506 & 34 of IPC and under Section 25/27 of the Arms Act, 1959. The earlier application of the applicant i.e. M.Cr.C. No.15286/2020 was dismissed as withdrawn by this Court on 21.08.2020.
Learned counsel for the applicants have submitted that the charge-sheet has already been filed. It is further submitted that the applicants are in jail since 18.02.2020, 11.04.2020 & 17.02.2020, respectively and thus the considerable time have already been passed since the date of their incarceration. It is further submitted that a compromise has already taken place among the parties although on account of COVID-19 as the trial Court is not functioning the complainant is also not able to depose in the Court, hence the counsel pray for grant of bail.
3Learned counsel for the complainant has submitted that he has no objection if the bail applications are allowed.
Learned counsel for the State on the other hand has opposed the prayer and has submitted that no case for bail is made out as there are criminal cases registered against the applicants. However, it is not denied that the applicants have not been involved in any serious cases.
Having considered the rival submissions of the parties, after perusing the case diary and taking note of the period of incarceration as also the fact that the final conclusion of the trial is likely to take sufficiently long time on account of COVID-19 situation, this Court is of the opinion that it is a fit case in which the bail is granted to the applicants. Thus without expressing any opinion on the merits of the case, the applications filed by the applicants are hereby allowed.
Accordingly, it is directed that applicant-Sourabh Verma (Bari) in M.Cr.C. No.36630/2020, applicant-Aniket Kushwaha @ Bittu in M.Cr.C. No.35739/2020 and applicant- Anshu @ Shivansh Singh Bargahi in M.Cr.C. No.38438/2020 shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with a separate surety of the like amount to the satisfaction of the concerned Court for their appearance before the concerned Court on all the dates of hearing fixed in this behalf by the Court concerned during trial.
The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Writ Petition No.1/2020 and ensure, that the applicants are examined by the jail doctor before their release.
4If the applicants show symptoms of COVID-19, the doctor shall forthwith direct them to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicants are not affected with the virus, the jail authorities shall ensure their transportation from the jail till their place of residence.
It is made clear that if the applicants are found to be involved in any other criminal cases during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant With the above the application is finally disposed of. A typed copy of this order is being forwarded to the Office of the Advocate General and to the learned Panel Lawyer, on their respective email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the concerned Court.
Certified copy as per rules.
(Subodh Abhyankar) Judge sjk Digitally signed by SHARAN JEET KAUR JASSAL Date: 2020.11.24 11:08:31 +05'30'