Madhya Pradesh High Court
Mohsin Khan vs The State Of Madhya Pradesh on 9 November, 2020
Author: Nandita Dubey
Bench: Nandita Dubey
1
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.40792/2020
(Mohsin Khan Vs. State of Madhya Pradesh )
PRESENT : HON. SMT. NANDITA DUBEY, J (THROUGH VIDEO CONFERENCING)
Jabalpur, Dated :09.11.2020.
Shri Sampoorn Tiwari, learned counsel for the
applicant.
Shri Manu V. John, learned Panel Lawyer for the
respondent/State.
This bail application has been filed by the applicant under Section 439 of the Cr.P.C.
The applicant is in custody since 05.10.2020 in connection with Crime No. 100/2018 registered at P.S. Kymore, District-Katni (MP) for the offence mentioned therein.
Learned counsel for the applicant submits that applicant was earlier granted bail on 12.07.2018 by this Court in M.Cr.C.No.24773/2018. It is stated that he was appearing regularly before the trial Court on each and every date. However, due to Covid-19 pandemic, the applicant could not appear on 22.09.2020 when the matter was listed before the trial Court. As soon as he got the information regarding issuance of warrant of arrest against him, he surrendered before the trial Court on 05.10.2020. It is further stated that the said non-appearance was due to Covid-19 pandemic as he could not get the transport for appearance before the Court on 22.09.2020. It is submitted 2 HIGH COURT OF MADHYA PRADESH that he is a student of ITI, Rewa. It is prayed that in the interest of justice, he may be enlarged on bail.
Learned Panel Lawyer appearing for the State has opposed the application and prayed for rejection of the same. However, he fairly submits that prior to 22.09.2020 the applicant was appearing regularly before the trial Court.
Considering that the absence of the applicant could be non-availability of transport due to Covid-19 pandemic as aforestated, I am of the view that it is a fit case to enlarge the applicant on bail, therefore, without expressing any view on the merits of the case, this application is allowed.
It is directed that applicant Mohsin Khan shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his presence before the said Court on all the dates of hearing fixed in this regard during the trial.
This order will remain operative subject to compliance of the following conditions :-
"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 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 him/her from disclosing such facts to 3 HIGH COURT OF MADHYA PRADESH the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench;
5. The applicant will not seek unnecessary adjournments during the trial, nor shall he remain absent without prior informing the Court else, this bail order will stand stand automatically cancelled and the trial Court will be at liberty to arrest the applicant, and no further application for bail will be considered.
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt."
A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Shri Manu V.John, learned Panel Lawyer, on their respective email 4 HIGH COURT OF MADHYA PRADESH address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below.
Certified copy/e-copy as per rules/directions.
(Nandita Dubey) Judge jitin Digitally signed by JITIN KUMAR CHOURASIA Date: 2020.11.09 15:09:02 +05'30'