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2020 DIGILAW 472 (MP)

Suresh Kumar Jain : Prince Jain v. State Of Madhya Pradesh

2020-04-24

ATUL SREEDHARAN

body2020
JUDGMENT 1. On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, this application has been heard and decided through video conferencing to maintain social distancing. The necessary parties have effectively been represented by their respective counsels through video conferencing. The Applicants are accused in Crime No. 26/20 registered at P.S. Bajna, District Chhatarpur, under sections 353, 332, 186, 188, 269, 270, 506 r/w. 34 IPC. 2. The brief facts of the case are as follows. The Applicants are alleged to have broken the lockdown (prohibitory) order passed to contain the spread of the COVID 19 virus, by the District Magistrate, Chhatarpur. They were confronted by the police. The Applicant No.2 is stated to have abused and assaulted the complainant and, in the process, caused injuries to the complainant. The Applicant No. 1, who is the uncle of the Applicant No.2, came to the scene of occurrence with an axe and is alleged to have taken part in the assault. At the very outset, the learned counsel for the Applicant has stated that he wishes to withdraw the application in so far as it pertains to the Applicant No.2 with the liberty to move an application for grant of bail before the Ld. Lower Court. The application on behalf of the Applicant No.2 stands dismissed as withdrawn with liberty as aforementioned. 3. Learned counsel for the state has opposed the application and has stated that the complainant has suffered injuries on account of the actions of the Applicants. He has read out from the MLC which reflects that the injuries suffered by the complainant are simple in nature, in the form of contusions. Looking at the facts and circumstances of the case, 4. Im inclined to allow the application in so far as it pertains to the Applicant No.1, as he is a senior citizen and under the present conditions existing universally on account of the COVID 19 virus, comes under the most susceptible and high risk category of persons who could be afflicted with the disease and are also at the highest risk of suffering death in view of advanced age. Under the circumstances, the application is allowed on behalf of the Applicant No.1, subject to furnishing a personal bond of ? 50,000 and a surety of the same amount, to the satisfaction of the arresting officer. 5. Under the circumstances, the application is allowed on behalf of the Applicant No.1, subject to furnishing a personal bond of ? 50,000 and a surety of the same amount, to the satisfaction of the arresting officer. 5. As regards the Applicant No.2, in the event he moves an application under section 439 before the Ld. Court below, the Ld. Court is requested to deal with the said application expeditiously and, if possible, on the same day on which the application is filed. With the above the present application is disposed. A typed copy of this order is being forwarded to the Office of the Advocate General and to Mr. Rajeshwar Rao, Ld. Govt. Advocate, on their respective email address, for intimation to the Police Station concerned.