Shahrukh vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is first application filed by the applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.152/2023 dated (not mentioned) registered at Police Station - Khajrana, District Indore (M.P.) for the offence under Section 379 of IPC.

2) It is alleged that applicant had stolen the motorcycle and on his statement, the same was recovered.

3 ) Counsel for the applicant submits that applicant is in jail since 25.02.2023, the investigation has been completed, charge-sheet has been filed and the alleged offence is triable by the Magistrate.

4 ) Counsel for the State opposes the prayer for grant of bail on the ground that apart from the present case, there are six criminal cases of similar nature registered against the applicant and he is a habitual offender.

5 ) After hearing learned counsel for the parties and taking into consideration that the offence is triable by the Magistrate, investigation has been completed, charge-sheet has been filed, the applicant is in jail since 25.02.2023 and the trial may take time, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

6) It is directed that applicant Shahrukh shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the Ld. Court below with the following further condition :-

(i) the applicant shall mark his presence before the concerned police station on every 15th day of the month during the pendency of trial.

7) The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

8) It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

9) A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.

10) With the aforesaid, this application is allowed and stands disposed of.

Certified copy, as per Rules.