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2020 DIGILAW 1127 (MP)

Pawan Jhanjhot v. State Of M. P.

2020-10-14

SUBODH ABHYANKAR

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JUDGMENT Subodh Abhyankar, J. - Heard and perused the case diary. 2. This is the second bail application under Section 439 of Cr.P.C. filed by the present applicant, who is in custody since 28.5.2020 in connection with Crime No.421/2020 registered at Police Station Kamla Nagar District Bhopal for the offences punishable under Sections 452, 294, 323, 324, 506, 190, 326, 329/34 of IPC and Section 25 of the Arms Act. The earlier application (MCRC No.24314/2020) was dismissed by this Court on 14.8.2020 as not pressed. 3. Learned counsel for the applicant has submitted that the co-accused in the present case has already been released on bail by this Court vide its order dated 14.8.2020 in MCRC No.24243/2020. It is further submitted that although a compromise between the parties has already been taken place, a copy of which has also been placed on record and has also been taken note by this Court while granting bail to the co-accused Sonu @ Shahnawaz in MCRC No.24243/2020, however, when the applicant as also the complainant party went to the trial Court for recording of the evidence, the same was declined on the ground that the Court is not functioning on account of Covid-19 situation. Learned counsel for the applicant has also drawn the attention of this Court to the proceeding of the trial Court dated 24.8.2020. Thus it is submitted that when the trial is held up on account of Covid-19 Pandemic and the applicant, who has no criminal past is in jail since 28.5.2020 the application may be allowed. 4. On the other hand learned counsel for the State has opposed the prayer of the applicant on the ground that there is no change in the circumstance. It is further submitted that this Court has already considered the fact that a compromise between the parties has already been taken place while granting bail to the co-accused in MCRC No.24243/2020, however, as the earlier application of the present applicant was withdrawn on the same date no case for bail is made out. 5. It is further submitted that this Court has already considered the fact that a compromise between the parties has already been taken place while granting bail to the co-accused in MCRC No.24243/2020, however, as the earlier application of the present applicant was withdrawn on the same date no case for bail is made out. 5. On due consideration of the submissions and on perusal of the case diary this Court finds that the injured in the present case was admitted for around four days from 24.5.2020 to 28.5.2020, the charge sheet has already been filed and the trial is held up on account of Covid-19 Pandemic and the final conclusion of the trial is not likely to conclude in near future and the fact that this is the applicant's first offence, the application can be allowed. Accordingly, without expressing any opinion on the merits of the case, the application of the present applicant is hereby allowed. 6. It is directed that present applicant namely Pawan Jhanjhot be released on bail on his furnishing a bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one surety bond of the same amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the Court. 7. The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Writ Petition No.1/2020 and ensure, that the Applicant is examined by the jail doctor before his release. 8. 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. 9. With the above the application is finally disposed of. 10. A typed copy of this order is being forwarded to the Office of the Advocate General and to Shri Abhinav Kherdikar, learned Panel Lawyer, on their respective email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court below. 11. Certified copy as per rules.