Ghanshyam Jhabariya vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

On account of prevailing conditions worldwide brought about by the COVID-19 virus, the bail application has been heard through video conferencing

in order to maintain social distancing. The necessary parties have effectively been represented by their respective counsel via video conferencing.

Heard.

This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.948/2020 registered at Police

Station- Kolar, District Bhopal (M.P.) under Sections 457 and 380 of the IPC.

It is alleged that from the possession of the applicant one hair dryer of saloon has been recovered. The applicant is in jail since 30.5.2020. Charge-

sheet has already been filed.

Considering the nature of offence and the fact that charge-sheet has been filed and the applicant is in jail since 30.5.2020, I am of the view that the

applicant is entitled for bail. Accordingly, the application is allowed.

It is directed that Applicant- Ghanshyam Jhabariya shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty

Thousand Only) with one surety of the like amount to the satisfaction of the Court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Writ Petition No. 1/2020 and ensure,

that the applicant is examined by the jail doctor before his release. If the Applicant show symptoms of COVID-19, the doctor shall forthwith direct

him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion

that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

With the above, the application is finally disposed of.

 It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled

automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the Advocate General and Shri Pramod Kumar Chourasiya, learned Panel Lawyer, on

their email address, for intimation to the Police Station concerned.

The office is requested to forward a copy of this order to the Court below.

Certified copy as per rules.