Madhya Pradesh High Court
Mahendra Singh Gurjar vs The State Of Madhya Pradesh on 20 October, 2020
Author: Sheel Nagu
Bench: Sheel Nagu
1 Mcrc.40876.2020
The High Court of Madhya Pradesh
M.Cr.C.40876.2020
(Mahendra Singh Gurjar Vs. State of M.P.)
Gwalior dated 20.10.2020
Shri Sushant Tiwari, learned counsel for the petitioner.
Shri P. Tanwar, learned Panel Lawyer for the State.
Learned counsel for the rival parties are heard through video
conferencing.
The petitioner has filed this first application u/S.439 Cr.P.C. for
grant of bail.
The petitioner has been arrested on 14/7/2020 by Police Station-
Govardhan, District Shivpuri (M.P.), in connection with Crime
No.94/2019 registered in relation to the offences punishable u/Ss.307/34
IPC, u/Ss.11, 13 of MPDVPK Act and u/Ss.25, 27 Arms Act.
Learned counsel for State opposed the application and prayed for
its rejection by contending that on the basis of the allegations and the
material available on record, no case for grant of bail is made out.
Petitioner is in custody in respect of the aforesaid offences where
attempt to murder is alleged against him and other co-accused.
Implication of petitioner is based on confessional statement of co-
accused leading to arrest of petitioner on 14/7/2020. FIR does not
disclose name of petitioner as one of assailants. Country-made pistol
2 Mcrc.40876.2020
alongwith live cartridges were recovered on the basis of confessional
statement of petitioner u/Sec. 27 of the Evidence Act. Supplementary
charge-sheet has already been filed and therefore further custodial
interrogation is not necessary. Moreover, no one was hurt in the incident.
In view of above and looking to special circumstances of ongoing
Covid-19 pandemic with further facts that early conclusion of the trial is
a bleak possibility and prolonged pre-trial detention being an anathema
to the concept of liberty and the material placed on record does not
disclose possibility of petitioner fleeing from justice, this Court, is
inclined to extend the benefit of bail to the petitioner.
Accordingly, without expressing any opinion on merits of the case,
this application is allowed and it is directed that the petitioner be released
on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs.
Fifty Thousand only) with one solvent surety of the like amount to the
satisfaction of the concerned Magistrate.
This order will remain operative subject to compliance of the
following conditions by the petitioner :-
1.The petitioner will comply with all the terms and conditions of the bond executed by him;
2. The petitioner will cooperate in the trial ;
3. The petitioner will not indulge himself in extending inducement, threat or promise to any person acquainted 3 Mcrc.40876.2020 with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The petitioner shall not commit an offence similar to the offence of which he is accused;
5. The petitioner will not seek unnecessary adjournments during the trials;
6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the petitioner during period of bail as a consequence of this order.
8. The petitioner as a Shiksha Swayamsevak shall render physical and financial assistance to government primary school situated nearest to residence of petitioner for ensuring hygiene and sanitation and for removing deficiencies of infrastructural amenities in the said school from the skill/resources of the petitioners. [;kfpdkdrkZ ,d f'k{kk Lo;alsod ds :i esa vius fuokl ds fudV vofLFkr ljdkjh izkFkfed fo|ky; esa LoPNrk vkSj vkjksX; dks lqfuf'pr djus ds fy, 'kkjhfjd ,oa foRrh; lgk;rk iznku djsxk rFkk vius dkS'ky o lalk/kuksa ls mDr fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djsxkAa] The petitioner after selecting a particular Govt. Primary School shall inform about the same to the office of Gram Panchayat (in case of 4 Mcrc.40876.2020 rural area) and/or Ward Officer of the concerned ward (in case of urban area), within whose territorial jurisdiction the said school is situated. [;kfpdkdrkZ ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esa xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys esa½ vkSj@;k lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS] dks lwfpr djsxkA] It will be joint responsibility of Sarpanch and Secretary of said Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area) to preserve the said information provided by the petitioner. [;g lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ vkSj@;k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k {ks= ds ekeys esa½ dh la;qDr ftEesnkjh gksxh fd] ;kfpdkdrkZ }kjk iznRr lwpuk dks lajf{kr djsA] The registry of this Court shall communicate this order through Legal Aid Officer, SALSA, Gwalior to the Collector, District Education Officer, Block Education Officer of the district/block concerned for information and compliance.
A copy of this order be supplied to the Legal Aid Officer, SALSA, Gwalior who is directed to communicate this order to the District Education Officer, Block Education Officer of the district/block concerned to verify as to whether petitioner has complied with condition No.8 or not and submit report once every month.
5 Mcrc.40876.2020 In case, report regarding condition No.8 is not filed or report is found to be wanting in any manner then Registry is directed to list this matter as PUD before appropriate Bench.
The petitioner has gracefully volunteered to donate Rs.2500/- (Rs. Two Thousand Five Hundred Only) in the account of the High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to ongoing Covid-19 pandemic. This Court has no manner of doubt that the office bearers and the Senior members of the Bar shall ensure that the donation reaches the rightful and deserving claimants. Let the donation be deposited within seven (7) working days from the date of release.
A copy of this order be sent to the Court concerned for information.
C.c as per rules.
(Sheel Nagu) DHANAN Digitally signed by DHANANJAY BUCHAKE DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF Judge JAY MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=6489e9ca230b3031a4b44 BUCHAKE a621934281f589875c02fb2a20e422 0aebc8a3ba7ec, cn=DHANANJAY BUCHAKE Date: 2020.10.21 12:29:52 +05'30' (Bu)