Jeevati Lal vs The State Of M.P
2021 Latest Caselaw 1599 MP

                                1                   Mcrc 9636/2021

           THE HIGH COURT OF MADHYA PRADESH
                        Mcrc 9636.2021
               (Jeevati Lal Vs. Vs. State of M.P. )
Jabalpur Dt. 27/4/2021

      Shri Aniruddh K. Mishra , learned counsel for the petitioner.

      Shri Devendra Gangrade, learned Panel Lawyer for the State.

      Learned counsel for the rival parties are heard through video

conferencing.

      Case-diary is perused.

      The petitioner has filed this 1st application u/S. 439 of Cr.P.C.

for grant of bail.

      The petitioner has been arrested on 04.01.2020 by Police

Station Amla District Betul (M.P.) in connection with Crime No.

249/2006 registered in relation to the offences punishable u/Ss. 147,

148, 149, 341/34, 302 of IPC.

      Learned Panel Lawyer for the State opposed the application

and prayed for its rejection by contending that on the basis of the

allegations and the material available on record, no case for grant of

bail is made out.

      Petitioner is in custody since 04.01.2020. Charge-sheet in the

matter has been filed where murder is alleged against the petitioner.

The allegation against the petitioner is of causing Lathi blow. The

fatal injury is attributed to a sharp cutting object which was wielded
                                  2                   Mcrc 9636/2021

by Subhash, Durga and Kallu. The main accused appear to have

been acquitted by judgment dated 10.07.2018 passed in case

No.189/2009 by 3rd Additional Judge to the Court of Session Multai

(M.P.) and judgment dated 05.07.2016 passed in S.T. No.189/2009

by 1st Additional Judge to the Court of Session Multai (M.P.).

Copies of the said judgments are on record.

      Considering the aforesaid and the fact that petitioner has

suffered about one year and four months of custody and looking to

the second wave of Covid- 19 pandemic and that early conclusion

of the trial is a bleak possibility and prolonged pre-trial detention

being an anathema to the concept of liberty and the material placed

on record does not discloses possibility of petitioner fleeing from

justice, this Court is inclined to extend the benefit of bail to the

petitioner.

      Accordingly, without expressing any opinion on merits of the

case, this application is allowed and it is directed that the petitioner

be released on bail on furnishing a personal bond in the sum of

Rs.1,00,000/- (Rs. One Lac only) with two solvent sureties each of

Rs. 50,000/- to the satisfaction of the concerned available

Magistrate.

      This order will remain operative subject to compliance of the

following conditions by the petitioner :-
                                         3                  Mcrc 9636/2021

             1.

The petitioner will comply with all the terms and conditions of the bond executed by him;

2. The petitioner will cooperate in the trial;

3. The petitioner will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The petitioner shall not commit an offence similar to the offence of which he is accused;

5. The petitioner will not seek unnecessary adjournments during the trials;

6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7. The learned Trial Court and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the petitioner during period of bail as a consequence of this order.

A copy of this order be sent to the Court concerned for

information.

C.c as per rules.

(Sheel Nagu) Judge ojha YOGENDR A OJHA 2021.04.2 8 15:50:33 +05'30'