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2020 DIGILAW 1149 (MP)

Gokul Patil v. State Of Madhya Pradesh

2020-10-21

MOHD FAHIM ANWAR

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JUDGMENT Mohd Fahim Anwar, J. - Case diary is available with the learned P.L. 2. This first appeal has been filed under Section 14-A(2) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 23.12.2019 passed by Special Judge, Burhanpur. 3. The appellant has been arrested in connection with Crime No.173/2019, registered at P.S. Nimbola, Distruct Burhanpur, for the offences punishable under Sections 302, 201, 120-B/34 of IPC and Section 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 4. The allegation of the prosecution is that one unknown person was found dead on 2.4.2019 near Forest Nursery in village Tathar under the jurisdiction of Police Station Nimbola, District Burhanpur. On the information of recovery of dead body, marg intimation was recorded. During the course of investigation the body was found to be of deceased Shankar @ Kalu. Postmortem was conducted and it was opined by the Doctor that the deceased had died because of strangulation. During the course of marg inquiry, it was found that the deceased was the husband of co-accused Kshama Bai. Co-accussed was having love relationship with other co-accused Jittu @ Jitendra and on the pretext of co-accused Kshama Bai the other co-accused Jittu @ Jitendra had taken deceased Shankar @ Kalu to the place of incident and after proposing him to drink, when he was intoxicated, killed him with the aid of other co-accused persons. On that basis, the offence has been registered against the appellant and co-accused persons and they have been arrested. 5. Learned counsel for the appellant has submitted that the appellant is a innocent person and has been falsely implicated in the case. There is no criminal antecedent alleged against the appellant. He is a permanent resident of the address shown in the appeal and is ready to furnish adequate surety and shall abide by all the conditions that may be imposed by the Court. There is no evidence that he was present at the scene of crime. It is submitted that the prosecution witnesses Shiv Bhagwan (PW1), Ismaile (PW2), Hamid (PW3), Kalinder (PW4) and Eshwar (PW5) have been examined before the trial Court and they have not supported the case of prosecution. It is also submitted that one of the co-accused Kshama Bai has already been enlarged on bail by this Court in Cr.A. No.1312/2020 vide order dated 25.2.2020. It is also submitted that one of the co-accused Kshama Bai has already been enlarged on bail by this Court in Cr.A. No.1312/2020 vide order dated 25.2.2020. Therefore, it is prayed that the appellant be released on bail. 6. Learned counsel for State has opposed the appeal for bail. 7. Considering the facts and circumstances of the case and also the allegations and the statements of the prosecution witnesses, who have yet been examined, without commenting on merits of the case, I am of the considered view that it is a fit case to enlarge the appellant on bail. Hence, this appeal is allowed. The impugned order passed by the learned Special Judge, Burhanpur dated 23.12.2019 is set aside and it is directed that the appellant Gokul Patil shall be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court. The appellant shall abide by the conditions as enumerated under Section 437(3) of the Cr.P.C. and in the event of breach of condition of bail, the trial Court will be competent to take coercive action against the appellant. 8. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :- 1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release. 2. The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out. 3. If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility. 9. The present criminal appeal stands allowed and disposed of. 10. C.C., as per rules