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Judgment
Subodh Abhyankar, J
This is second application under Section 439 of Criminal Procedure Code, 1973. The applicant is implicated in connection with Crime No.59/2020
registered at Police Station Badnagar, District Ujjain (MP) for offence punishable under Sections 147, 148, 149, 294, 323, 341 and 307 of the Indian
Penal Code, 1860. His earlier bail application M.Cr.C. No.39358/2020 was dismissed by this Court on 21.10.2020 as withdrawn.
The applicant is in custody since 17.09.2020.
The allegation against the applicant is that he along with other co-accused persons caused grievous injuries to complainant Zuberuddin on 15.02.2020.
Counsel for the applicant has submitted that although a case under Section 307 of IPC is registered, however, there is no such injury which could have
caused the death of the complainant, if not treated properly.
Counsel for the applicant has also submitted that even in the opinion given by the doctor regarding the injuries, if not treated properly, the injuries could
have been dangerous. He has further submitted that applicant Fakir Mohammad is in jail since 17.09.2020 and the final conclusion of the trial is likely
to take sufficient long time on account of COVID-19.
Counsel for the applicant has further submitted that so far as complainant Zuberruddin is concerned, he is also prosecuted and is presently lodged in
jail against whom externment proceedings under the M.P Rajya Suraksha Adhiniyam,1990 as also under the National Security Act is registered.
Counsel has further submitted that co-accused Sabir and Zakir have already been enlarged on bail by this Court vide its order dated 29.04.2021 passed
in Miscellaneous Criminal Case No.19200/2021 and the case of the present applicant is similar to them. Hence, counsel has submitted that looking to
the period of incarceration, the application be allowed and the applicant be released on bail while maintaining the parity with other co-accused Sabir
and Zakir.
Learned counsel for the State on the other hand has opposed the prayer for grant of bail and it is submitted that looking to the injuries suffered by the
complainant and it is further submitted that the complainant was hospitalized from 15.02.2020 to 08.03.2020 which was a period around 23 days,
therefore, no case for grant of bail is made out on the ground of parity also.
Having considered the rival submissions, on perusal of the case diary and taking note of the fact that the final conclusion of the trial is likely to take
sufficiently long time in the wake of fresh spread of COVID-19, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby
allowed maintaining parity with other co-accused persons, subject to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only), and the said amount
shall be subject to the final outcome of the case by the trial Court. It is further directed that upon applicant's depositing a sum of Rs.10,000/- (Rupees
Ten Thousand only) in a fixed deposit in a nationalized bank and producing the receipt / certificate of the same before the concerned trial Court, he
shall be released on bail upon furnishing a bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety bond of the same amount to
the satisfaction of the trial Court, to appear before the trial Court on the dates given by the Court. The deposit receipt/certificate so produced by the
applicant shall be endorsed by the learned Judge of the lower Court to be, 'furnished towards the bail of the applicant and shall be subject to the final
decision of the case by the trial Court'.
It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically
without reference to the Court and the police will be at liberty to arrest the applicant in the present case also.
It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.