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Judgment
G.S. Ahluwalia, J
This third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed on merits by order
dt.14.06.2021 passed in M.Cr.C. No.28338/2021.
The applicant has been arrested on 23.03.2021 in connection with Crime No.128/2021 registered at Police Station Purani Chhawani, Distt. Gwalior for
offence under Sections 304-A, 304 of IPC.
It is submitted by the counsel for the applicant that the applicant is the driver of the offending vehicle, which dashed the auto rickshaw causing death
of 13 persons. The applicant is in jail from 23.03.2021. He was never released on temporary parole/bail. The Trial is likely to take sufficiently long
time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that previous bail applications of the applicant were
rejected on merits. However, it is fairly conceded that the second bail application was rejected on 14.06.2021 and the present application has been
filed after expiry of more than six months from the date of rejection of second bail application and the applicant has remained in jail for the last more
than 10 months.
Considering the facts and circumstances of the case as well as period of detention, without commenting on the merits of the case, the application is
allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lac) with one
surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
Before releasing the applicant on bail, the Court below shall verify as to whether the applicant was ever released on temporary parole in the wake of
Covid-19 pandemic or not. If it is found that the applicant was released on temporary parole, then this order shall automatically come to an end and the
Court below shall not be obliged to release the applicant on bail as the applicant is being released purely on the ground of period of detention.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. passed on 18.03.2021 in Criminal
Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.