Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 780

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Vijay Kumar Shukla, J.
Pinturaj Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 13657 of 2023
Decided On : 29-03-2023

Advocates Appeared:
Virendra Sharma, Advocate, Mukesh Kumawat, Advocate
Final Result : Allowed

The main legal point established in the judgment is the court's discretion to grant bail based on a prima facie case, the length of the trial process, and the potential risk of COVID-19 in prisons.

Headnote:
Bail - Criminal Law - The court allowed the bail application of the applicant based on the prima facie case made out for grant of bail, without expressing any view on the merits of the case. The applicant was directed to mark his presence before the concerned police station on a monthly basis and to furnish a personal bond with surety. The prison authorities were also directed to ensure compliance with the Supreme Court's order regarding the contagion of COVID-19 virus in prisons.
Fact of the Case:

The applicant filed a bail application in connection with a criminal case involving charges under various sections of the Indian Penal Code (IPC). The prosecution alleged that the applicant, along with other co-accused persons, beat the complainant with kicks and fists, following a demand for money and a gunshot fired by another individual.
Finding of the Court:

The court found that a prima facie case was made out for the grant of bail to the applicant, considering the nature of the allegations and the length of the trial process. The court allowed the bail application with the condition of monthly appearance before the police station and the furnishing of a personal bond with surety. Additionally, the prison authorities were directed to ensure compliance with COVID-19 protocols.
Issues: The main issue before the court was whether the applicant should be granted bail, considering the allegations against him and his previous criminal record.
Ratio Decidendi: The court's decision was based on the prima facie case for bail, the length of the trial process, and the applicant's previous acquittals in similar cases. The court also considered the potential risk of COVID-19 in prisons and directed the prison authorities to ensure compliance with relevant protocols.
Final Decision: The court allowed the bail application of the applicant, subject to the conditions of monthly appearance before the police station and the furnishing of a personal bond with surety. The prison authorities were also directed to ensure compliance with COVID-19 protocols.

JUDGMENT

Vijay Kumar Shukla, J. - This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.26/2023 registered at Police Station - Makdon, district Ujjain (M.P.) under Sections 386, 387, 307, 323, 294, 506 and 34 of IPC.

2. As per prosecution case, on 14.2.2023 complainant Arjun lodged FIR that he runs a grocery shop at home. At about 5.00 p.m. Dhansingh and Bherusingh came at spot by car and they demanded Rs.5,000/-. When he denied, they started abusing in filthy language and Bherusingh caused gunshot fire at his father. Thereafter applicant along with other co-accused persons persons came at spot and started beating by kicks and fists.

3. Counsel for the applicant submits that as per prosecution story, there is no allegation of extortion against the present applicant and further the gun shot fire was done by Bherusingh. The only allegation against the applicant is that he had beaten the complainant with kicks and fists. Applicant is in jail since 12.02.2022 and conclusion of trial will take sufficient long time. In these circumstances, the applicant be released on bail.

4. Counsel for the State opposes the prayer for grant of bail mainly on the ground that there are three criminal record under IPC registered against the applicant and one Preventive Action has been taken. He is a habitual offender.

5. Learned counsel for the applicant submits that in all three cases, the applicant has been acquitted.

6. Taking into consideration the allegation against the present applicant, prima facie case is made out for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed on the following condition:-

1. That the applicant shall mark his presence before the concerned police station on 15th of every month during the pendency of the trial.

7. It is directed that applicant shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below.

8. The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his/her release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him/her 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/her transportation from the jail till his/her place of residence.

9. A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.

10. C.c. as per rules.

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