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2020 DIGILAW 1043 (MP)

Dilip Makwana v. State Of Madhya Pradesh

2020-10-08

V.P.S.CHAUHAN

body2020
JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this third application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail. 2. First application of the applicant was dismissed vide order 20/9/2019 passed in M.Cr.C. No.28652/2019 and second applicant was dismissed vide order dated 08/01/2020 passed in M.Cr.C. No.51240/2019. 3. The applicant is in jail since 17/5/2019 in connection with Crime No.196/2019, registered at Police Station, Budhani, Distt. Sehore for the offence under Section 302 read with Section 34 of IPC. 4. Draped in brevity, the case of prosecution against the applicant is that deceased was running a Dhaba. Four co-accused namely Imlesh Rai, Vishnu Sharma, Manish Bhatt and Pawan Sikarwar came at Dhaba and had a dinner. In the morning of 17/5/2019 there was a quarrel amongst all other coaccused and deceased on account of payment. Co-accused beat the deceased and fled from the spot. Deceased chased them, however, in the meantime, Imlesh made a call to someone. Other co-accused came in Bolero Jeep and started beating deceased and fled from the spot. Deceased in injured condition shifted to Budhani hospital by dial-100 vehicle and from Budhani hospital, he was referred to District Hospital, Hoshangabad, however, succumbed due to the injuries sustained by him on the way. Marg registered at Police Station, Hoshangabad and crime registered at Police Station, Budhani. 5. Learned counsel for the applicant submits that the applicant has falsely been implicated in the case. It is further submitted by him that the name of the applicant does not find place in the FIR. He has been implicated later on, on the basis of statement of the witnesses who are brother of the deceased. He was the employee of travelling agent and drove the Bolero Jeep that was attached with the liquor contractor on contract. He is simply a driver of the vehicle. He has falsely been implicated in this case. Brother of the deceased are the employees of Police Department and being driver of the vehicle, the brother of the deceased had implicated the applicant. Learned counsel further pointed out certain infirmities found during investigation and specially pointed out the conduct of both witnesses who have mentioned the name of the applicant in their statement and submits that no case is made out against the applicant. Learned counsel further pointed out certain infirmities found during investigation and specially pointed out the conduct of both witnesses who have mentioned the name of the applicant in their statement and submits that no case is made out against the applicant. There is a chance of acquittal of the applicant and applicant has already spent approximately one and half year in the judicial custody and in the present situation of widespread of COVID-19 pandemic, he prays to enlarge the applicant on bail 6. On the other hand, learned Panel Lawyer for the respondent/State vehemently opposes the bail application and submits that applicant was very well involved in the matter, therefore, prays for dismissal of the application. 7. Having heard learned counsel for the parties, perused the case diary. 8. No doubt, first application has been dismissed vide order dated 20/9/2019 on merits and second application was dismissed on 8/1/2020. It is prima facie reflected that the name of the applicant is not mentioned in the FIR lodged at Police Station, Budhani, at that time brothers of the deceased were accompanying the deceased and bringing him to District Hospital, Hoshangabad. As per the statement of the witnesses, deceased disclosed the name of the applicant while he was in Ambulance and going to District Hospital. Doctor of District Hospital declared the deceased brought dead which shows that deceased succumbed to the injuries sustained on the way. COVID-19 pandemic virus has been widely spread in the jail also and someone get infected with COVID-19 virus and considering the evidence collected during investigation, this Court is inclined to allow this application. Hence the application is allowed. 9. It is directed that applicant-Dilip Makwana shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C. 10. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 11. Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 11. Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant. 12. Certified copy as per rules.