Dhoomsingh vs State Of M. P

Rohit Arya, J

This is second bail application under Section 439 Cr.P.C. The first bail application was dismissed as withdrawn on 03/12/2020 vide

M.Cr.C.No.41572/2020. The applicant is in custody since 01/04/2019 in connection with Crime No.14/2014 registered at Police Station Tirla, District

Dhar for the offence punishable under Section 395 and 397 of the Indian Penal Code, 1860.

As per prosecution story, passenger bus was looted by unknown persons. During investigation three accused persons have been arrested for the

reason that recovery has been made from them. On the basis of memo under Section 27 of Evidence Act the applicant has been roped in the case, but

there was no recovery from him. Accordingly, case has been registered.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated. Investigation is complete and challan has been

filed. He is no more required for custodial investigation. His name is not appeared in the FIR and he has not been identified in the Test Identification

Parade. The applicant has suffered jail incarceration since 01/04/2019. Looking to the Covid-19 situation, trial is not likely to conclude early in the near

future. Hence, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper.

Per contra, learned Panel Lawyer supports the order impugned and opposes the bail application with submission that there is one criminal antecedent

but he fairly submits that there was no recovery from the applicant and there was no identification of the present applicant.

Upon hearing learned counsel for the parties, but without touching merits of the contentions so advanced, regard being had to the fact that applicant

has suffered jail incarceration since 01/04/2019, not required for further custodial interrogation and due to Covid-19 pandemic, possibility of delay in

conclusion of trial cannot be ruled out. Hence, he is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the

applicant be released on bail on furnishing personal bond in the sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand only) with one solvent surety in

the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial

and also comply with the conditions enumerated under Section 437(3) of Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall mark his attendance before the concerned police station on 2nd Saturday of every month between 10:00 a.m. to 12:00 noon.

(ii) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as

well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of

Novel Corona virus (COVID-19);

(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail

doctor and if it is prima-facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required

be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order.

(iv) in the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail

granted to the applicant.

(v) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court,

this bail order shall stand cancelled automatically.

Observation on facts are only for the purpose of deciding the instant bail application and shall have no bearing on the pending trial, in any manner

whatsoever.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police

station for information and necessary action.

E-certified copy as per rules.