eng
competition

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Orders Of Criminal Case.

created May 29th 2021, 08:12 by


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Shri S.K. Meena, learned counsel for the applicants. Shri R.S. Shastri, learned Panel Advocate for the State. Heard through video conferencing. This is first application filed u/s 439 Cr.P.C. seeking bail in connection with Crime No.176/2021 registered at police station Kannod, district Dewas for the offence punishable u/s 294, 353, 332, 427, 188, 269, 270, 506 & 34 of the IPC and u/s 3/4 of the M.P Chikitsa Ya Chikitsa Se Sambadit Vyaktiyom Ka Samrakshan Adhiniyam, 2008. As per the prosecution story, mother of the applicants were admitted in the Covid Care Centre, Kanya Chatrawas, Kannod where the complainant Dr.Vivek Ahirwar was posted as In-charge Medical Officer. Since the mother of the applicant died due to Covid infection in the hospital, therefore, the applicants, the sons of the deceased, became infuriated allegedly due to the negligence of the doctor and abused and assaulted him. On the basis of the complaint of the doctor an FIR was lodged and the applicants were arrested. Learned counsel for the applicants submits that out of emotion and anger the applicants have committed the offence as the mother of the applicants died due to the negligence of the complainant doctor. They had no intention to cause harm to the doctor. They are in custody since 27.04.2021, hence prays for release of the applicants on bail. Learned Panel Advocate opposes the bail application by submitting that the nature of the offence is very serious in nature. Heard learned counsel for the parties and perused the case diary. During this Covid epidemic period the doctors and paramedical staff are working day and night risking their life, therefore, their safety and security is necessary and any untoward incident against them is serious in nature. Although this Court has sympathy No.22956/2021 for the death of mother of the applicants but that does not mean that they can take the law in their hand. Looking to the conduct of the applicants and the nature of the offence, they are not entitled for bail at this stage. Accordingly, the application is rejected.
 
 
 

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