Madhya Pradesh High Court
Haribhan vs The State Of Madhya Pradesh on 28 August, 2020
Author: Anand Pathak
Bench: Anand Pathak
1
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.4224/2020
(Haribhan Vs. State of M.P. & Anr.)
Gwalior Bench
Dated :28/08/2020
Shri V..K.Saxena, learned senior counsel with Shri Ayush
Saxena, counsel for the appellant.
Shri V.P.S.Tomar, learned PL for respondent No.1/State.
Shri A.K.Nirankari, learned counsel for respondent No.2. Matter is heard through Video Conferencing. The appellant has filed this appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 19/12/2018 passed by trial Court; whereby, application of appellant preferred under Section 439 of Cr.P.C. has been rejected.
Appellant has been arrested on 27/9/2018 by Police Station Bamorkalan, District Shivpuri in connection with Crime No. 228/2018 registered in relation to the offences punishable under Sections 302, 307,323,324,341, 147, 148 and 149 of IPC and Sections 3 (2) (r), 3(1)S and 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
It is the submission of learned counsel for the appellant that false case has been registered against him and he is suffering 2 confinement since 27/9/2018 and material prosecution witnesses have been examined. Alternatively, learned counsel for the appellant seeks temporary bail on the ground that looking to the COVID-19 pandemic situation, appellant may be given an opportunity to take care of his health as well as his family because he is in confinement for last almost two years. He further undertakes that in case he is given temporary bail he shall abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing. Further looking to the situation of pandemic, he intends to serve the Nation by contributing his part by installing Arogya Setu App and contributing in PMCARES Fund.
Learned counsel for the State opposed the prayer made by the appellant and prayed for dismissal of the criminal appeal, but fairly admits that material prosecution witnesses have been examined.
Learned counsel for the complainant opposed the prayer and submits that co-accused are extending threat to the complainant, therefore, if bail is granted even for the time being, then stringent conditions be imposed.
Heard learned counsel for the parties at length through VC and 3 considered the arguments advanced by them.
Considering the submissions and fact situation and looking to the prevailing situation of covid-19 pandemic, it appears that appellant can be given benefit of temporary bail for two months for taking care of his family and his health. Accordingly, it is directed that appellant be released on temporary bail for a period of two months from the date of his release on his furnishing a personal bond of Rs. 50,000/-(Rupees Fifty Thousands only) with one solvent surety of the like amount to the satisfaction of Trial Court. Appellant would have to surrender before the trial Court immediately on completion of period of two months from the date of his release.
In view of COVID-19 pandemic, the jail authorities are directed that before releasing the appellant, his preliminary Corona Virus test shall be conducted and if he is found negative, then the concerned local administration shall make necessary arrangements for sending the appellant to his house, and if he is found positive then the appellant shall be immediately sent to concerned hospital for his treatment as per medical norms. If the appellant is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, the appellant is further directed to strictly follow all the instructions which may be issued by the Central 4 Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the appellant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would sent him to the same jail from where he was released.
This order will remain operative subject to compliance of the following conditions by the appellants :-
1.The appellant will comply with all the terms and conditions of the bond executed by him;
2. The appellant will cooperate in the investigation/trial, as the case may be;
3. The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The appellant shall not commit an offence similar to the offence of which he is accused;
5. The appellant will not seek unnecessary adjournments during the trial and he shall not move in the vicinity of the complainant and he will not be a source of embarrassment/harassment to the complainant party in any manner and he would not extend any threat or inducement to them, otherwise this bail shall be immediately withdrawn;
6. The appellant will not leave India without previous 5 permission of the trial Court/Investigating Officer, as the case may be;
7. The appellant shall deposit Rs. 2,500/- in PM CARES Fund having Account Number : 2121PM20202, IFSC Code:
SBIN0000691, SWIFT Code : SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch within one and half month from the date of his release.
8. The appellant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.
With the aforesaid, application stands disposed of. E- copy of this order be sent to the trial Court concerned for compliance, if possible from the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Anand Pathak) Judge ms/-
Digitally signed by MADHU MADHU SOODAN PRASAD DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF SOODAN MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=d6b55bd7b8b095e45b0d5 PRASAD 8a876e9dd057f98aa4a26968acc4ea 58035d05b0084, cn=MADHU SOODAN PRASAD Date: 2020.08.29 15:42:47 -07'00'