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2020 DIGILAW 884 (MP)

Nishan v. State Of Madhya Pradesh

2020-09-10

VISHAL MISHRA

body2020
JUDGMENT Vishal Mishra, J. - Learned counsel for the rival parties are heard. This is first bail application u/S.439 Cr.P.C. filed by the applicant for grant of bail. 2. In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit. 3. Applicant has been arrested on 07.08.2020 by Police Station Chinor, District Gwalior (M.P.) in connection with Crime No.117/2020 registered in relation to the offence punishable u/Ss. 294, 323, 506, 307 and 34 of IPC. 4. It is submitted by learned counsel for the applicant that he has filed an application for grant of interim bail being I.A. No. 13257/2020 on the ground of medical ailment of applicant-Nishan. It is submitted that applicant is a chronic cancer patient and is under regular treatment. It is further submitted that his condition is deteriorating in jail. It is submitted that learned counsel for the applicant is not pressing the application on merits of the case, however, looking to the fact that he is a cancer patient and is an having a tumor in his left kidney which requires regular treatment which is not possible in jail. He submits that applicant may be released on temporary bail to get himself treated. It is further argued that during this COVID-19 pandemic scenario, the patient having some chronic disease are more likely to catch the corona virus infection, therefore, keeping the present applicant in jail and treating him will be fetal for the applicant. It is argued that even the doctors have been suggested for regular treatment of the present applicant. 5. Per contra, learned counsel for the State on instruction being issued by this Court has called for the medical report, wherein it is seen that the applicant is a cancer patient and is under regular treatment. Along with the case diary a letter dated 21.08.2020 written by Assistant Superintendent, Sub Jail Dabra, District Gwalior to the Jail Superintendent, Central Jail, Gwalior, wherein it is categorically mentioned that the applicant is a cancer patient and is under regular treatment. His health condition is not satisfactory, therefore, he requires regular treatment. Along with the case diary a letter dated 21.08.2020 written by Assistant Superintendent, Sub Jail Dabra, District Gwalior to the Jail Superintendent, Central Jail, Gwalior, wherein it is categorically mentioned that the applicant is a cancer patient and is under regular treatment. His health condition is not satisfactory, therefore, he requires regular treatment. The medical report from the jail authorities is also received pointing out the similar and deleterious of health and regular treatment is required for the present applicant. It is further submitted that in this regard a report dated 07.09.2020 has been received from the Office of Central Jail, Gwalior which is as under:- 6. Heard learned counsel for the parties and perused the case diary. 7. Considering the overall facts and circumstances of the case and looking to pandemic Covid -19 scenario and coupled with the fact that medical ailment of the present applicant, this Court deems it appropriate to enlarge the bail to the present applicant on interim bail for a period of 60 days to enable him to get himself medically treated. 8. Accordingly, this application is allowed only on the ground of medical. The applicant is directed to be released for a period of 60 days (from the date of his release) furnishing a surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with two solvent sureties in the like amount to the satisfaction of trial Court. The applicant shall submit written undertaking that he will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed. The applicant shall surrender before concerning CJM, on completion of 60 days from the date of release with the further direction to submit all the medical documents showing what treatment is being taken by him during the aforesaid period and information to this effect shall be sent by the court concerned to Registry of this court 9. This order will remain operative subject to compliance of the following conditions by the applicant:- 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. This order will remain operative subject to compliance of the following conditions by the applicant:- 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not commit an offence similar to the offence of which he is accused; 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police, concerned who shall inform the concerned SHO regarding the same. 10. View of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicants shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence. 11. E- copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.