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2022 DIGILAW 514 (MP)

Raj @ Kaluram v. State of Madhya Pradesh

2022-03-30

VIVEK AGARWAL

body2022
JUDGMENT Vivek agarwal, J. - This is second application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant-Raj alias Kaluram, S/o Devisingh Parasiyaravanshi, who is in custody since 22/02/2022 in connection with Crime No.44/2015 registered at Police Station Parasiya, District Chhindwara for the offence punishable under Sections 363, 366, 377 of the Indian Penal Code 1860 (for brevity "I.P.C") and also under Section 4/6, POCSO. applicant is aggrieved of order dated 23/02/2022 passed by learned Special Judge (PaCSO act), Chhindwara refusing to accept bail furnished by the applicant. Learned counsel for the applicant submits that earlier a Coordinate Bench of Justice S.K. Gangele had enlarged the applicant on bail vide order dated 13/05/2016 passed in M.Cr.C. No.8054/2016. applicant is working at Bangalore, therefore, due to lack of communication between him and his counsel, he could not appear before the trial Court. Hence, prayer is made to enlarge the applicant on bail. Learned Dy.Govt. advocate for the non-applicant/State opposes the application and submits that applicant remained absent from 27/02/2017 and was brought on 22/02/2022 after serving permanent warrant on the applicant. He was absent for four and half years resulting delay in trial. after hearing counsel for the parties and taking into consideration the fact that applicant was earlier enlarged on bail by a Coordinate Bench of this Court, subject to payment of Rs.50,000/- to be deposited before the trial Court, this application is allowed. I t is directed that applicant shall be released on bail subject to payment of Rs.50,000/- to be deposited before the trial Court and out of which 50% amount will be given to prosecutrix and also on his furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount each to the satisfaction of the Trial Court for his appearance before the Court on the dates given by the concerned Court during pendency of trial, the applicant is given benefit of bail on the following terms and conditions : (i) applicant shall not leave the local area without written order of the trial Court; (ii) applicant shall appear before Police Station, Rithi, Distt. Chhindwara on every 1st and 16th day of a month during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr. Chhindwara on every 1st and 16th day of a month during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr. P. C. This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective. In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant. Certified copy as per rules.