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2020 DIGILAW 1066 (MP)

Shakti Samudre 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 applicant for grant of bail in connection with Crime No.220/2020 registered at Police Station-Kotwali, Balaghat (M.P.), for the offence punishable under Sections 294 and 397 of the Indian Penal Code. 3. Learned counsel for the applicant submits that the applicant is in custody since 07.05.2020. She further submits that the complainant is the wife of the applicant and as per the complaint made by her, the present applicant has assaulted her with the help of surgical blade. She further submits that though the injury was on the vital part of the body but was not caused any grievous hurt to the complainant as the complainant was hospitalized on 04.05.2020 and also discharged on the same day. She further submits that considering the custody period of the present applicant and also the fact that the applicant and the complainant are the husband and wife, the applicant may be enlarged on bail. 4. On the other hand, learned Panel Lawyer appearing for the respondent/State has opposed the prayer of bail made by learned counsel for the applicant and submitted that considering the injury caused by the applicant on the vital part of the complainant, he is not entitled to be enlarged on bail. 5. Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties and taking note of the fact that the applicant is in jail since 07.05.2020, so also considering the outbreak of pandemic (COVID-19) in the country, I am of the opinion that the applicant can be enlarged on bail, therefore, without commenting on the merits of the case, the bail application of the applicant is allowed subject to condition that if after release on bail, if the applicant repeats such type of mistake and demands money from the complainant for consuming liquor or harassing her in any manner then the complaint is free to file an appropriate application before this Court for cancellation of bail granted to the applicant. 6. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court. 7. 6. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court. 7. It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure. 8. The jail authority is also directed to ensure that before his release, the applicant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicant 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 the applicant can be released, then he shall be released. 9. Certified copy as per rules. 10. The Registry is directed to send a copy of this order to the concerned trial Court through E-mail.