Madhya Pradesh High Court
Rahul Patel vs The State Of M.P. on 31 July, 2021
Author: Vijay Kumar Shukla
1 MCRC-32441-2021
The High Court Of Madhya Pradesh
MCRC-32441-2021
(RAHUL PATEL Vs THE STATE OF M.P.)
Jabalpur, Dated : 31-07-2021
Heard through Video Conferencing.
Shri Narendra Kumar Singh, leaned counsel for the applicant.
Shri Arun Dixit, learned Panel Lawyer for the respondent/State.
On account of the prevailing conditions worldwide, brought about by
the COVID 19 virus, this application has been heard and decided through
video conferencing, to maintain social distancing. The necessary parties have
effectively been represented by their respective counsels through video
conferencing.
This is the repeat (second) bail application filed by the applicant under
Section 439 of the Cr.P.C. for grant of bail. The applicant is in custody since
12.03.2021 in connection with Crime No. 483/2020 registered at P.S.
Madhotal, District Jabalpur (M.P.) for the offences punishable under Sections
420 of IPC and Section 34(2), 42 of the Excise Act.
The first bail application was dismissed as withdrawn vide order
dated 19.03.2021 passed in M.Cr.C. No. 16377/2021.
Learned counsel for the applicant submits that similarly placed accused
persons namely Mahesh Asnik (Maratha) has already been granted bail by this
Court vide order dated 06.01.2021 passed in M.Cr.C. No. 44760/2020 and
other accused persons namely Narendra Singh Lodhi vide order dated
25.11.2020 passed in M.Cr.C. No. 43283/2020 and Vinod Patel vide order
dated 05.02.2021 passed in M.Cr.C. No. 3887/2021 have been granted bail
by this Court.
Against the applicant, it is alleged that he was traveling in the vehicle.
Learned Panel Lawyer for the State submits that there are about 17
cases have been registered against the applicant.
Learned counsel for the applicant submits that out of 17 cases, in 15
cases, the final judgment have been passed and only two cases are pending.
2 MCRC-32441-2021
Considering the aforesaid submissions and taking into consideration
the facts that similarly situated co-accused persons have already been
enlarged on bail, charge-sheet has been filed and the applicant is in jail since
12.03.2021, I am of the view that, applicant is entitled for grant of bail.
Accordingly the application filed by the applicant is hereby allowed.
It is directed that applicant- Rahul Patel, shall be released from
custody upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees
Fifty Thousand only) with one surety of the like amount to the satisfaction
of the learned court below.
The prison authorities are also requested to ensure compliance with the
order passed by the Supreme Court In Writ Petition 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
nay 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 and Shri Arun Dixit, learned Panel Lawyer on their
respective email address for intimation to the Police Station concerned. The
office is also directed to forward a copy of this order to the learned court
below.
Certified copy as per rules.
(VIJAY KUMAR SHUKLA)
JUDGE
Amitabh
3 MCRC-32441-2021
Signature Not Verified
SAN
Digitally signed by AMITABH RANJAN
Date: 2021.07.31 15:58:57 IST
