Madhya Pradesh High Court
Sagar Singh vs The State Of Madhya Pradesh on 16 July, 2021
Author: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.30373/2021
(Sagar Singh vs. State of M.P.)
Gwalior, Dated : 16.07.2021
Heard through videoconferencing.
Shri D.S. Tomar, counsel for the applicant.
Shri Indar Asthana, Panel Lawyer for the respondent/State.
It is pointed out that the name of the father is being mentioned in
english as Bharat and this is the default being pointed out by the Registry.
Case diary is available.
The applicant has filed this third application u/S 439 Cr.P.C. for
grant of bail. The applicant has been arrested by Police Station Jamner,
District Guna in connection with Crime No.226/2019 registered in
relation to the offences punishable under Sections 307, 324, 506 of IPC.
First application was dismissed as withdrawn vide order dated 29.02.2020
passed in M.Cr.C. No.9299/2020 and second application was allowed for
a period of 45 days vide order dated 30.09.2020 in M.Cr.C.
No.25441/2020.
It is alleged that the applicant is in custody since 07.12.2019. The
second application was allowed for a period of 45 days wherein he has
not misused the liberty granted by this Court. The present application has
been filed only on the ground of custody period. He has placed reliance
upon the judgment passed by the Hon'ble Supreme Court in the case of
Bhausaheb Nagu Dhavare v. State of Maharashtra & Anr.
reported in 2001(3) Crimes 410, wherein the Hon'ble Supreme Court
has considered the aspect and has observed that if the custody period is
almost more than 8 to 9 months then the application was allowed for
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.30373/2021
(Sagar Singh vs. State of M.P.)
offence under Section 307. The applicant is the first offender. He is ready
to abide by all the terms and conditions that may be imposed by this
Court. On these grounds, he prays for grant of bail.
Per contra, counsel for the State has opposed the bail application
stating that he is the principal accused and there are specific allegations of
inflicting injuries by means of a knife. But he could not dispute the fact
that the applicant's custody period is almost more than one and half year.
He fairly submits that the applicant is the first offender as per the case
diary records.
Heard the learned counsel for the parties and perused the case diary.
Considering the overall facts and circumstances of the case as well
as the judgment passed by the Hon'ble Supreme Court in the case of
Bhausaheb Nagu Dhavare (supra), this Court deems it
appropriate to allow this application. Accordingly, the application is
allowed. The applicant is directed to be released on bail, subject to
verification of the fact that he is the first offender, and on furnishing a
personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand Only) with
one solvent surety of the like amount to the satisfaction of the
Investigation Officer /trial Court, as the case may be with submission of
written undertaking and he will abide by all terms and conditions of the
different circulars, orders as well as guidelines issued by the Central
Government, State Government as well as Local Administration for
maintaining social distancing, hygiene etc to avoid Novel Corona Virus
(COVID -19) pandemic and he will have to install Arogya Setu App, if
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.30373/2021
(Sagar Singh vs. State of M.P.)
not already installed.
This order will remain operative subject to compliance of the
following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the
bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case
may be;
3. The applicant 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 from disclosing such facts to the Court or to the Police
Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of
which he is accused;
5. The applicant will not seek unnecessary adjournments during the
trial; and
6. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
7. The applicant will inform the concerned S.H.O. of concerned
Police Station about his residential address in the said area and it would
be the duty of the State counsel to send E-copy of this order to SHO of
concerned police station as well as Superintendent of Police concerned
who shall inform the concerned SHO regarding the same.
Application stands allowed and disposed of.
In view of the COVID-19, jail authorities are directed that before
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.30373/2021
(Sagar Singh vs. State of M.P.)
releasing the applicant, medical examination of applicant shall be
undertaken by the jail doctor and on prima facie, if it is found that he is
having the symptoms of COVID-19, then consequential follow up action
including the isolation/quarantine or any test if required, be ensured,
otherwise applicant shall be released immediately on bail and shall be
given a pass or permit for movement to reach his place of residence.
E- copy of this order be provided to the applicant and E-copy of
this order be sent to the trial Court concerned for compliance. It is made
clear that E-copy of this order shall be treated as certified copy for
practical purposes in respect of this order.
(VISHAL MISHRA)
JUDGE
van
SMT VANDANA
VERMA
2021.07.16 17:01:54
-07'00'
