Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 1065 (MP)

Meharwan Singh v. State Of Madhya Pradesh

2020-10-09

SANJAY DWIVEDI

body2020
JUDGMENT Sanjay Dwivedi, J. - Heard. 2. This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicants for grant of bail in connection with Crime No.122/2020 registered at Police Station-Jawar, District-Sehore, for the offence punishable under Sections 457 and 380 of the Indian Penal Code. 3. After arguing at length, the counsel for the applicants seeks withdrawal of bail application in respect of applicant No.2 with liberty to file afresh after a period of two months. 4. Accordingly, the bail application is dismissed as withdrawn with the aforesaid liberty in respect of applicant No.2, namely, Rana, only. 5. Heard this bail application in respect of applicants No.1 and 3- Meharwan Singh and Suraj Singh, respectively. 6. Learned counsel for the applicants submits that the applicants are in custody since 30.05.2020. He also submits that the present applicant are aged about 74 and 59 years respectively and at present physical hearing is not being conducted in the Court. Upon these submissions, he prays for grant of bail to applicants No.1 and 3. 7. Learned Panel Lawyer appearing for the respondent/State opposes the bail application. 8. Considering the aforesaid circumstances and taking into account the age of applicants No.1 and 3, namely, Meharwan Singh and Suraj Singh and their custody period so also the fact that due to outbreak of pandemic (COVID-19) physical trial is not being conducted in the Court, without commenting anything on merits, I am inclined to consider and allow this bail application in respect of applicants No.1 and 3- Meharwan Singh and Suraj Singh. Accordingly, the same is hereby allowed. 9. It is directed that applicants No.1 and 3 be released on bail upon their furnishing a personal bond 'each' in the sum of Rs.40,000/- (Rupees Forty Thousand) with one solvent surety 'each' of the same amount to the satisfaction of the Court concerned for their appearance on the dates given by it. 10. It is further directed that the applicants No.1 and 3 shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure. 11. The jail authority is also directed to ensure that the applicants No.1 and 3 are examined by the jail doctor to ascertain that they are not afflicted with the COVID-19 virus. 10. It is further directed that the applicants No.1 and 3 shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure. 11. The jail authority is also directed to ensure that the applicants No.1 and 3 are examined by the jail doctor to ascertain that they are not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicants No.1 and 3 shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that applicants No.1 and 3 can be released, then they shall be released. 12. A copy of this order be forwarded to the concerned trial Court through e-mail.