Madholal vs The State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

This is third repeat bail application u/S.439 of the Cr.P.C. filed by the petitioner for grant of bail after rejection of earlier one (Mcrc.25366/2019) on merits vide order dated 26.06.2019 with liberty to come again after examination of prosecution witness Nirmal Singh Chauhan.

The petitioner has been arrested on 13/10/2018 by Police Station Chachoda, District-Guna in connection with Crime No.447/2006 registered in relation to the offence punishable u/Ss.302, 307, 395, 353, 147, 148 and 149 of IPC.

Learned Public Prosecutor for the State 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.

Petitioner who has no criminal antecedents and is in custody since 13/10/2018 is alleged with murder. His last bail application was rejected on merits on 26.06.2019 with liberty to come again after examination of prosecution witness Nirmal Singh Chauhan.

Investigation in the matter is over by filing of charge-sheet on 16/11/2019. Admittedly, the said prosecution witness i.e. Nirmal Singh Chauhan has not come forward despite elapse of about eight months since rejection of last bail application. The petitioner is in custody since about 18 to19 months. Moreover, other co-accused Bapulal Bheel has been admitted to bail vide order dated 13.03.2020 in Mcrc.9525/2020.

In view of slow process of trial and that early conclusion of the trial is a bleak possibility and that prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not disclose possibility of petitioner fleeing from justice, this Court is though inclined to extend the benefit of bail to the petitioner but with certain stringent conditions in view of nature of offence.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner be released on bail on furnishing a personal bond in the sum pf Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent sureties each of Rs.25,000/- to the satisfaction of the concerned Trial Court.

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

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

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

The petitioner 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

The petitioner shall not commit an offence similar to the offence of which he is accused;

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

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

The petitioner shall render community service at the hospital/Community Health Centre/ Primary Health Centre situated at or in the vicinity of village/Tahsil of residence of petitioner for three (3) hours everyday including Sunday till the conclusion of trial.

The nature of community service shall be decided and allotted in writing by the CMO/Head of the hospital/Community Health Centre/Primary Health Centre situated in close vicinity to the place of residence of petitioner. Compliance of this condition shall be ensured and verified by issuing certificate to be jointly signed by head of hospital/Community Health Centre/Primary Health Centre and Sarpanch/Councilor of the Gram Panchayat/Municipality concerned. This certificate shall be filed before the Registry of this court once in every month. If the Registry finds that either the compliance report is not filed once in a month or there is something amiss in the compliance report filed then the case be listed as PUD before appropriate Bench.

A copy of this order be sent to the Court concerned and as well as Chief Medical Officer of concerned District for compliance.

Certified copy as per rules.