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2020 DIGILAW 891 (MP)

Suresh Kumar Namdev v. State Of Madhya Pradesh

2020-09-11

MOHD FAHIM ANWAR

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JUDGMENT Mohd Fahim Anwar, J. - Heard. 2. Case diary is available with the Panel Lawyer. 3. This is first application filed under Section 439 of Cr.P. C. for grant of bail to the applicant, as he has been arrested in connection with Crime No.65/2020, registered at Police Station Garha, Jabalpur for commission of offence punishable under Sections 420, 467, 468 and 471 of IPC. 4. As per prosecution story, on 26.2.2003, applicant who is working in MES Workshop Jabalpur has received house loan of Rs.3.00 lacs from SBI Branch Anandkunj, Jabalpur and later on has not returned back the loan amount. On inquiry, it was found that the documents which were filed by the applicant were forged. On that basis a written complaint was lodged by the concerning bank and on that basis above mentioned crime has been registered against the applicant. 5. Learned counsel for the applicant submitted that the applicant has not committed any offence and he has been falsely implicated in the crime. It is also submitted that the said house which was purchased out of the loan amount has been auctioned by the concerning bank and payment has been deposited in the said loan account. He is in custody since 24.6.2020. The applicant is permanent resident of the address mentioned in the application. There is no chance of tempering with the prosecution witnesses. He is ready and willing to furnish adequate surety and will abide by all the directions and conditions which may be imposed by the Court. 6. Learned counsel for the State opposes the prayer of the applicant for grant of bail. 7. The applicant is an old aged retired person of 61 years of age and is in judicial custody since 24.6.2020. Admittedly, the dues of the loan amount has already been deposited and no outstanding is remaining against the applicant. 8. Looking to the aforesaid facts and circumstances of the case, duration of custody and exigency of Covid 19 disease, I am of the considered view that it is a fit case for grant of bail to the applicant. Hence, without expressing any opinion on merits of the matter, application is allowed. 9. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rs. Hence, without expressing any opinion on merits of the matter, application is allowed. 9. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rs. Thirty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court to appear before the court on the dates given by the concerned Court. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C. C. C. as per rules. 10. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court suo moto in W.P.No.1/2020, it would be appropriate to issue the following directions 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. 11. This application stands allowed and disposed of. 12. C. C. as per rules.