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Judgment
22 paragraphs · 366 wordsRajendra Kumar Verma, J
This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.
The applicant is in custody since 13.04.2020 in connection with Crime No.96/2020 registered at P.S.Kewlari, District Seoni for the offences
punishable under Sections 341, 323, 506, 325, 307 & 302 of IPC,
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. Learned counsel for the applicant has further
submitted that the applicant is suffering from schizophrenia since 2014. Medical documents and certificate have been submitted in this regard. There
was no intention of the applicant to commit murder of the deceased. Charge-sheet has been filed and investigation has already been completed.
Applicant is in custody for more than one year. The trial would take considerable time to conclude in this Covid-19 situation, therefore, he may be
released on bail.
Learned Panel Lawyer for the respondent/State, on the other hand, has opposed the application.
Keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by the learned counsel for the applicant,
in the opinion of this Court, the applicant deserves to be released on bail.
Consequently, this first application for bail under Section 439 of the Cr.P.C. filed on behalf of the applicant is allowed.
It is directed that applicant Ashish Jhariya shall be released on bail o his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand
Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all suc dates as
may be fixed in this regard during the pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of
the Cr.P.C.
This order be effective till the end of the trial, however, in case of bai jump, it shall become ineffective.
Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before
and after releasing the applicant.
The M.Cr.C. stands allowed and disposed of accordingly.
C.C. as per rules.