Mohommad Hasan Nagori vs The State Of Madhya Pradesh
2021 Latest Caselaw 1414 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                   M.Cr.C. No.18448/2021
            Mohammad Hasan Nagori Vs. State of M. P.)
                            -1-

Indore, dated 8.4.2021

      Shri A.S.Rathore, learned counsel for the applicant.
      Shri Pradyuman Kibe, learned counsel for the respondent/State.

This is second bail application under Section 439 Cr.P.C. by applicant Mohammad Hasan Nagori, who has been arrested by Police on 7.1.2021 in connection with Crime No.9/2021, Police Station - Central Kotwali Indore for the offence punishable under Section 341,294,323,506,327,329 read with Section 34 of PC.

Earlier bail application was dismissed as withdrawn vide order dated 4.2.2021 passed in M.Cr.C.No.5966/2021 with a liberty to renew the prayer after completion of two months period.

Heard learned counsel for the parties and perused the case-diary. On a petty issue, the dispute arose between the parties and the applicant started abusing and beating the complainant party with kicks and fists and accordingly offence under Section 341,294,323,506,327,329 read with Section 34 of PC has been registered against the applicant.

Learned counsel for the applicant submits that the Investigation is complete and the challan has been filed. The parties have entered into a compromise also and accordingly application has been filed before the trial court. Injuries caused to the complainant are simple in nature. So far as the past criminal case is concerned he has been acquitted vide judgment dated 13.10.2015 passed in RCT.No.16271/2012.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. Challan has been filed. He is in custody since 7.1.2021 and there is no progress in the trial due to Covid- 19 epidemic. He, therefore, prayed for grant of bail.

On the other hand, learned Panel Lawyer opposes the prayer for HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

M.Cr.C. No.18448/2021 Mohammad Hasan Nagori Vs. State of M. P.)

grant of bail.

Keeping in view the rival submissions of the parties and in the facts and circumstances of the case and the period of incarnation in jail after arrest, without commenting on merits of the case, the application is allowed.

It is directed that applicant be released on bail upon her furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only), with one solvent surety in the like amount to the satisfaction of trial Court for her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C. It is made clear that applicant shall be in good conduct in future and if it is found that applicant is indulged in any criminal activities, then, his bail shall be treated as cancelled.

Before releasing the applicant from the custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE das Digitally signed by REENA PARTHO SARKAR Date: 2021.04.09 14:27:47 +05'30'