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2022 DIGILAW 284 (MP)

Riyasat Ali v. State of Madhya Pradesh Station

2022-02-18

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 in connection with Crime No.414/2021 registered at Police Station Badod, Dist. agar Malwa (M.P.) under Section 307 of IPC. Counsel for the applicant submits that the incident had taken place at 4:30 PM on 05.11.2021. In the pre-MLC report, lacerated wounds were found caused by hard and blunt object. The allegation against the present applicant is that he had caused the injury to the complainant with the help of knife, but no stab wound was found on the person of the complainant. It is stated that subsequently in the medical report which is held at 08:30 PM, some of the injuries were found to be caused by knife. There is discrepancy in the medical report of the pre-MLC and MLC. Counsel for the State opposes the prayer for grant of bail. Considering the aforesaid discrepancy which has not been explained by the prosecution and the investigation has already been completed and the applicant is in jail since 07.11.2021, I am of the view that the 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- Riyasat ali 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 Ld. 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 Ld. Court below.