Madhya Pradesh High Court
Kesardas vs State Of M.P. on 4 May, 2021
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
HIGH COURT OF M.P. : BENCH AT INDORE
M.CR.C. No.50297/2020
Kesardas S/o Lakhandas vs. State of M.P.
Indore : 04/05/2021 :-
Shri A.K. Saxena, learned counsel for the applicant.
Shri Zeeshan Khan, learned Panel Lawyer for the non-
applicant/State.
Heard through Video Conferencing. Case-diary perused / challan
papers.
ORDER
This is the applicant's fourth bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.300/2017 registered at Police Station-Kshipra, Sanwer, District-Indore (M.P.) for offence punishable under Sections 376(2), 366, 363, 506 of IPC and 3/4 of POCSO Act. Earlier bail applications were dismissed as withdrawn by this Court with some directions.
The applicant is in custody since 07/09/2019. The allegation against the applicant is that he committed rape upon the prosecutrix without her consent, who is minor.
Counsel for the applicant has submitted that he sought bail on the ground of delay in trial. Only one prosecution witness i.e. prosecutrix herself (PW/1) has been examined, although she has supported the case of prosecution. It is argued that in the last bail order passed in M.Cr.C. No.49521/2018 dated 20/12/2018, this Court has directed the trial Court to conclude the trial at an early date. Applicant is in jail since 07/09/2019 and challan has been filed but trial is not in progress. It is urged that at present due to extra-ordinary situation, the Courts are also working in limited manner. It is submitted that final conclusion of the trial will take long sufficient time and keeping in view the spread of Covid-19. Hence, it is prayed that applicant be released on bail.
Counsel for the State, on the other hand, has opposed the prayer. On due consideration of submissions and on perusal of the case- diary, so also the deposition-sheet of prosecutrix, who has supported 1 the prosecution story and taking note of the fact of spread of Covid-19, when the Courts are also functioning in limited manner and not with full capacity, ground of delay in trial, the period of incarceration, in the considered opinion of this Court, the applicant has made out a case for grant of bail for a limited period of four months only.
Thus, finding force with the contention raised by the counsel for the applicant, the application stands allowed. The applicant is directed to be released on bail for a period of four months from date of his release upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one local solvent surety of the like amount to the satisfaction of the trial Court and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
It is made clear that after completion of period of four months, the applicant shall surrender himself before the Court concerned from the date of his release and trial Court is directed to submit his surrender report before this Court.
It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(Subodh Abhyankar) Judge Aiyer* JAGDISHAN AIYER 2021.05.06 11:21:04 +05'30'