Imaran Khan vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, this application has been heard and decided through video conferencing, to maintain social distancing. The necessary parties have effectively been represented by their respective counsels through video conferencing.

This is the second bail application filed by the applicant Imran Khan under Section 439 of the Cr.P.C. for grant of bail. The applicant is in custody since 15.2.2020 in connection with Crime No. 25/2020 registered at P.S. Nimbola, District Burhanpur (M.P.) for the offences punishable under Sections 382, 392, 395, 397 of the IPC and Section 25, 27 of the Arms Act.

Learned counsel for the applicant submits that, similarly placed co-accused person namely Nilesh in M.Cr.C. No.23438/2020 has already been granted bail. It is submitted that Katta was seized from the main accused Saket, whereas, money has been seized from the present applicant and the applicant is in jail since 15.2.2020.

Counsel for the State could not dispute the fact that the case of the present applicant is similar to the case of co-accused Nilesh in M.Cr.C. No.23438/2020.

In view of the aforesaid since similarly placed co-accused person has already been granted bail and investigation has already been completed and there is only monitory seizure from the present applicant, I am of the view that the applicant is entitled for bail. Accordingly the bail application filed by the applicant is hereby allowed.

It is directed that applicant Imran Khan shall be released from custody upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Date: 2020.10.09 13:45:22 IST Fifty Thousand only) with one surety of the like amount to the satisfaction of the learned 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 shows 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 Ms. Aishwariya Singh, learned Panel Lawyer on their respective email address for intimation to the Police Station concerned.

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

With the aforesaid, the present application stands allowed an disposed of.

Certified copy as per rules.