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2022 DIGILAW 236 (MP)

Sintu v. State of Madhya Pradesh

2022-02-10

VIJAY KUMAR SHUKLA

body2022
JUDGMENT Vijay Kumar Shukla, J. - This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant who is in jail since 13.11.2021 in connection with Crime No.1403/2021 registered at Police Station Lasudiya, Indore for the offence punishable under Sections 382 and 392 of IPC. Learned counsel for applicant submits that nothing has been recovered from the possession of applicant. It is stated that snatched chain has been recovered from the possession of co-accused Krishna. It is further submitted that applicant is in jail since 13.11.2021. Investigation is over and chargesheet has been filed. In these circumstances the applicant be released on bail. Learned Panel Lawyer opposed the application by submitting that as per memorandum under section 27 of Evidence act, it is admitted that applicant was part of the group of persons who were involved in chain snatching. However, taking into consideration that there was no seizure from the applicant and investigation has already been completed, I am of the opinion that applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed. It is directed that applicant-Sintu shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the learned Court below. The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTaGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. 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. It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant. It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant. a typed copy of this order is being forwarded to the Office of the advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below. C.c. as per rules.