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Pawan Kumar @ Chhotu Jaiswal vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 10 December 2020 · Citation: (2020) 12 MP CK 0092

HON’BLE JUDGES
Rajendra Kumar Srivastava, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 294, 307 · Arms Act, 1959 — Section 25
CASE NUMBER
Miscellaneous Criminal Case No.46610 Of 2020
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Judgment

21 paragraphs · 392 words

Rajendra Kumar Srivastava, J

Heard on I.A.No.13304/2020, an application for grant of ad-interim bail on the ground of marriage ceremony of applicant's sister.

The applicant is in custody since 24.8.2020, in connection with Crime No.807/2020, registered at Police Station Adhartal, District Jabalpur (M.P.) for

the offence punishable under Sections 307, 294, 34 of IPC and Sec. 25 of Arms Act.

Learned counsel for the applicant submits that marriage function of applicant's sister is going to be commenced from 10.12.2020 and there is no any

responsible member except the present applicant, so, his presence at the time of marriage is very necessary.

Learned Panel Lawyer has verified the factum of marriage of sister of applicant.

After hearing arguments of the parties and looking to the facts and circumstances of the case as also the fact that marriage function of applicant's

sister is going to be commenced from 10.12.2020, I.A.No.13304/2020 is allowed and it is directed that applicant-Pawan Kumar @ Chhotu Jaiswal be

released on ad-interim bail for a period of five days on his furnishing bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent

surety to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the concerned Court. It

is made clear that this order shall remain effective from the date of receipt of certified copy of this order and after completion of period of five days

aforesaid, the applicant shall surrender before the trial Court, positively.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing.

Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction

to the jail authority :-

 1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3.

If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by

placing him in appropriate quarantine facility.

List this matter in the 1st week of January 2021. Certified copy today.