Mahendra Singh @ Pappu vs State Of Madhya Pradesh

This is forth bail application u/S.439 Cr.P.C. filed by the applicant for grant of bail. Earlier three bail applications were dismissed as withdrawn as well as on merits of the case vide orders dated 29.01.2020, 25.02.2020 and 03.07.2020 in M.Cr.C No.3863/2020, 6887/2020 and 11614/2020 respectively.

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

Applicant has been arrested on 16.12.2019 by Police Station Sumaoli, District Morena (M.P.) in connection with Crime No.94/2019 registered in relation to the offence punishable u/Ss. 307, 341, 294 and 34 of IPC.

It is submitted by learned counsel for the applicant that applicant is in custody since 16.12.2019 and looking to the fact that trial Court are not regular functioning, therefore, there is no likelihood of getting recorded the statements of the prosecution witnesses. It is submitted that the applicant is in custody since 16.12.2019 and looking to the judgment passed by the Hon'ble Supreme Court in the case of Bhausaheb Nagu Dhavare Vs. State of Maharashtra & Anr. reported in 2001 (3) Crimes 410 (SC), he also deserves to be enlarged on bail. It is further argued that in case this Court is not inclined to consider for regular bail, then interim bail may be granted to the applicant looking to the custody period. He is ready to abide with all the conditions which may be imposed by this court while considering this application for bail. The applicant has shown his willingness to serve the national cause by making contribution of Rs.5,000/- each in PM Care Fund and install Arogya Setu App. He prays that looking to the Covid 19 scenario, he may be released at least for sometime treating this bail application as an application for interim bail.

Per contra, learned Panel Lawyer appearing for the State opposed the application stating that applicant is directly involved in commission of offence. He further submits that another case has been registered under the Excise Act against the present applicant in the year 2019 itself.

Heard learned counsel for the parties and perused the case diary. Considering the overall facts and circumstances of the case and looking to the custody period of the applicant and considering the alarming situation of Novel Corona Virus (COVID-19), this Court deems it appropriate to allow this application for grant of interim bail.

Accordingly, this application is allowed. The applicant is directed to be released for a period of 45 days (from the date of his release) on furnishing a surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with two solvent sureties in the like amount to the satisfaction of trial Court. The applicant shall submit written undertaking that he will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed. The applicant shall surrender before CJM, concerned on completion of 45 days from the date of release and information to this effect shall be sent by the court concerned to Registry of this court.

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

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

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

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.

Applicant shall deposit Rs.5,000/- each in PM CARES Fund having Account Number : 2121PM20202, IFSC Code: SBIN0000691, SWIFT Code : SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch within seven days from today.

The applicant shall mark his attendance before the concerned Police Station once every fortnight i.e. in the 1st and 3rd week of every month.

The applicant will inform the concerned S.H.O. of concerned Police Station about their residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police, concerned who shall inform the concerned SHO regarding the same.

In view of the COVID-19, jail authorities are directed that before releasing the applicants, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.

E- copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.