Janak Pardi vs State Of M.P

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this first application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station- Dharnawada, District- Guna (M.P.) in connection with Crime No.207/2013 registered in relation to the offences punishable under Sections 397, 323, 294, 147, 148, 149 of IPC and Sections 25/27 of Arms Act.

Allegations against the applicant and other co-accused, in short, are that on 26/08/2013, when the complainant who is in police department along with Punjab police force went to search out suspected persons and as soon as they reached at village Khejrachak, the applicant and co-accused, armed with guns, started firing, due to which, police force narrowly escaped. On the basis of the aforesaid, crime has been registered

Learned counsel for the applicant submits that applicant has been falsely implicated in the case and he is in custody since 26/06/2020. Charge-sheet has been filed, therefore, no further custodial interrogation is required. Learned counsel further submits that the applicant was not absconding but he was in jail in some other case and no specific role has been assigned to the applicant. It is also submitted that the applicant is the sole bread earner of his family and his family has come at the verge of starvation in the pandemic of COVID-19. Learned counsel for the applicant also submits that in view of COVID-19, outbreak detention of applicant in already congested prisons may be detrimental. The applicant can not be kept in custody for indefinite period. Applicant is a permanent resident of District- Guna and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by all the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made.

Learned Additional Advocate General opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. It is also submitted by the learned counsel for the respondent/State that the applicant is a habitual offender and he has criminal history and recently co-accused persons' bail applications have also been dismissed as withdrawn by this Court.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking before the concerned Court that he will abide by all the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant shall install Aarogya Setu App (if not already installed) in his mobile phone.

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.

Learned Additional Advocate General is directed to send an e- copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

Certified copy/e-copy as per rules/directions.