Durjan Singh vs State Of M.P

Rajendra Kumar Srivastava, J

This is first bail application filed by the petitioner under Section 439 of the Code of Criminal Procedure. The petitioner is in custody since 24.10.2020 in

connection with Crime No.628/1991 registered at P.S.-Moghat Road, Distt.-Khandwa (M.P.) for the offence punishable under Section 409, 420, 467,

477 of IPC.

Learned counsel for the petitioner submits that a Criminal Case bearing No. 1202614/2006 was registered against the petitioner. He was released on

anticipatory bail by the learned 2nd Addl. Sessions Judge, Khandwa on 30.11.1991. Thereafter, he did not appear on 06.08.2000 & 11.12.2010. On

11.12.2010, perpetual warrant was issued against him. Thereafter, petitioner-accused was arrested and sent to judicial custody on 24.10.2020. He

further submits that actually the petitioner-accused is a labour and went anywhere else for labourship, so he could not appear on the given dates. He

was continuously appearing before the Trial Court for 9 years but prosecution has not examined any witness. He is 70 years old and is suffering from

various diseases. His non-appearance was totally bonafide. He further submits that there is allegation against the petitioner that he has embezzled an

amount of Rs.62,900/- in which he has deposited the amount of Rs. 23,500/-. The remaining amount of Rs. 39,400/- is still to be deposited by him for

which petitioner is praying to deposit Rs. 20,000/-. The conclusion of its trial will take time due to outbreak of pandemic of COVID-19. There is no

chance of petitioner's absconding and tampering with the evidence. Hence, he prays for grant of bail to the petitioner.

Per-contra, learned Panel Lawyer opposes the bail application. Considering the submissions made by learned counsel for the parties, looking to the

facts and circumstances of the case including the fact that petitioner-accused has already granted bail by the trial court but he could not appear

because he went out of station for labourship, which is bonafide but without expressing any view on the merits of the case, this Court of the view that

petitioner-Durjan Singh be released on bail subject to depositing of Rs. 20,000/- before the Trial Court at the time of furnishing a personal bond o f

Rs.1,00,000/-(Rupees One lakh) with two solvent sureties of Rs. 50,000/- (Rupees Fifty Thousand) each to the satisfaction of the trial Court, to appear

before the trial Court on the dates given by the concerned it shall become ineffective. It is directed that the petitioner shall comply with the provisions

of Section 437(3) of the Cr.P.C. In view of the outbreak of 'Corona Virus disease (COVID-19)' the petitioner shall also comply the rules and norms

of social distancing.

Further, in view of the order passed by the Hon'ble Supreme Court in suo motto W.P.No.1/2020, it would be appropriate to issue the following

direction to the jail authority :-

The Jail Authority shall ensure the medical examination of the petitioner by the jail doctor before his release.

2 . The petitioner shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the petitioner is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by

placing him in appropriate quarantine facility.

M.Cr.C. stands disposed of. Certified copy as per rules.