Maniram And Others vs State Of M.P

Sanjay Dwivedi, J

These first bail applications under Section 439 of the Code of Criminal Procedure have been filed by the applicants for grant of bail in connection with

Crime No.307/2020 registered at Police Station-Chicholi, District-Betul, for the offence punishable under Sections 302, 201, 120-B and 34 of the

Indian Penal Code.

Learned counsels for the applicants submit that the applicants are in custody since 08.08.2020. It is further submitted that the present applicants have

been made accused only on the basis of the memorandum of the main accused Santram, whose sister was living with the deceased and because of

that, Santram made a plan to kill the deceased, with the present applicants and other co-accused persons. It is submitted that after arrest, Santram has

given statement before the police that the present applicants were also involved in the said crime and all of them, as per the plan, killed the deceased-

Rajesh Salame. It is also submitted that the prosecution has not collected any material against the present applicants and also against the main

accused, but only on a presumption that since the sister of Santram was living with the deceased, therefore, he has planned to kill the deceased and

ultimately the incident of murder occurred. It is submitted that it is a settled principle of law that the memorandum of a co-accused is not admissible

under the law and on the basis of the same, a person cannot be made accused. It is submitted that except the memorandum, there is no incriminating

material seized by the prosecution indicating that the present applicants were involved in the said crime. It is further submitted that the charge-sheet

has also been filed. Upon these submissions, it is prayed that the applicants be released on bail.

On the other hand, learned Panel Lawyer appearing for the respondent/State opposes the bail application and submits that in view of the statement of

the co-accused Santram who had motive to kill the deceased, the present applicants have been made accused and therefore, the statement of

Santram, at this stage, cannot be ignored.

Considering the rival contentions of learned counsel for the parties, without commenting anything on the merits of the case, I am inclined to consider

and allow these bail applications. Accordingly, the same are hereby allowed.

 It is directed that the applicants, namely, Maniram, Santosh, Anil and Ashok, be released on bail upon their furnishing a personal bond 'each' in the

sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety 'each' of the same amount to the satisfaction of the Court concerned for their

appearance on the dates given by it.

 It is further directed that the applicants shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal . Procedure.

The jail authority is also directed to ensure that the applicants are examined by the jail doctor to ascertain that they are not afflicted with the COVID-

19 virus. If the doctor suspects otherwise, the applicants shall be referred to the appropriate hospital for further management as per the protocol laid

down by the State. In the event the jail doctor is of the opinion that the applicants can be released, then they shall be released.

A copy of this order be forwarded to the concerned trial Court through e-mail.

Certified Copy as per rules.