Moharu @ Mohar Singh vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is the second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 10.11.2020 by Police Station University, District Gwalior (MP) in connection with Crime No.390/2010 registered for

offence punishable under Section 395 of IPC and section 11/13 of M.P.D.V.P.K. Act.

Learned counsel for the applicant submitted that earlier the applicant has filed an application under section 439 Cr.P.C. for grant of bail. The said

application was allowed and bail was granted on 4.11.2011. It is a matter of bail jump. He regularly appeared before the trial Court, but thereafter

could not appear before the trial Court on the dates fixed as he has gone outside for search of work because he was the only bread earner in the

family. As a result thereof, his bail bonds were forfeited and warrant of arrest was issued against him. It is further submitted that the applicant shall

regularly appear before the trial Court and to show his bona fide intention, he is ready to deposit a sum of Rs.500/-/- from the previous bond amount.

Hence, prayed for grant of bail. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central

Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the

vicinity while keeping physical distancing.

Per contra, State Counsel has vehemently opposed the bail application and prayed for its rejection.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the available record.

In view of the aforesaid and looking to the submissions made by learned counsel for the applicant, the application is allowed. If the applicant deposits a

sum of Rs.500/- from his previous bond amount and also furnishes a fresh bail bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with separate

surety bond in the like amount to the satisfaction of the Court concerned and undertakes that he shall appear regularly before the Court concerned on

the dates fixed then the applicant shall be released on bail. The applicant shall abide by the conditions as enshrined in Section 437(3) of CrPC.

It is made clear that failure of the applicant to appear before the Court concerned even on a single date would lead to automatically cancellation of the

bail granted to him by this order.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her Corona Virus test shall be conducted and

if it is found negative, then the concerned local Administration shall make necessary arrangements for sending the applicant to his house, and if his test

is found positive then the applicant shall be immediately sent to concerning hospital for his/her treatment as per medical norms. If the applicant is fit

for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local

administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central

Government/State Government or Local Administration for combating the COVID-19. If it is found that the applicant has violated any of the

instructions (whether general or specific) issued by the Central Government/State Government or Local Administration, then this order shall

automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would send him to the same jail

from where he was released.

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance.

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