Rahman vs State Of M.P

Rajendra Kumar Srivastava, J

This is first bail application filed by the petitioner under Section 439 of the Code of Criminal Procedure. The petitioner is in custody since 05.07.2020 in connection with Crime No.438/2020 registered at P.S.-Chhola Mandir, Distt.-Bhopal (M.P.) for the offence punishable under Section 457 & 380 of IPC.

As per prosecution story, on 09.06.2020, complainant-Sandhya Mishra lodged a complaint in the concerned Police Station alleging therein that on 09.06.2020 in the night some unknown persons have committed theft of some jewellery items and Rs. 30,000/- cash Vehicle's paper and one LCD of L.G. Company from her house, Thereafter co-accused Irfan was arrested , he disclosed that he sold out all the articles to the present petitioner.

Learned counsel for the petitioner-accused has submitted that petitioner-accused has been falsely implicated in this case. He further submitted that no property has been seized from the exclusive possession of the petitioner. Charge-sheet has been filed. He is not previously convicted. He is in jail since 05.07.2020. The offence is triable by Judicial Magistrate First Class. It is the time of "COVID-19" Pandemic due to which further proceeding of trial is withheld so trial will take time for final disposal. There is no probability of petitioner's absconding and tampering with the evidence. Police Officials arrested the petitioner-accused, thereafter, petitioner-accused falsely implicated in some other cases. On these grounds, learned counsel for the petitioner prays for grant of bail to the petitioner.

Per-contra, learned Panel Lawyer opposes the bail application on the ground of previous criminal antecedent.

Considering the contention of both the parties and the fact that petitioner-accused is not previously convicted, charge-sheet has been filed, he is in jail since 05.07.2020, the offence is triable by Judicial Magistrate First Class, there is no probability of his absconding or tampering with the prosecution evidence, it is the time of COVID-19 Pandemic due to which further proceeding of trial is withheld, so trial will take long time to conclude, it would not be appropriate to keep the petitioner-accused in jail whole the trial, therefore, without commenting on merits of the case, application of the petitioner under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that petitioner-Rehman be released on bail subject to furnishing a personal bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety to the satisfaction of the learned JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the concerned Court. It is directed that the petitioner shall comply with the provisions of Section 437(3) of the Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the petitioner 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 motto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-

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

2 . The petitioner 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 petitioner is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

M.Cr.C. stands disposed of.

Certified copy as per rules.