Madhya Pradesh High Court
Sharafat @ Shahrukh Shah vs The State Of Madhya Pradesh on 27 September, 2019
HIGH COURT OF MADHYA PRADESH
1 Cr.A.No. 8265/2019
(Sharafat alias Shahrukh Shah Vs. State of M.P. & Anr.)
Gwalior Bench:
Dated 27/09/2019
Shri Imran Khan, learned counsel for the appellant.
Shri Arjun Parihar, learned PL for respondent No. 1/State.
None for respondent No. 2 though intimated. The appellant has filed this appeal under Section 14(A)(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 21/8/2019 passed by trial Court; whereby, bail application u/S.439, Cr.P.C. of appellant has been rejected.
Appellant is in confinement since 11/8/2019 in connection with crime No. 224/2019 registered at Police Station Dehat, District Shivpuri for offences punishable under Sections 363, 366, 376 of IPC, Section 3 /4 of POCSO Act and Section 3 (1) (w) (I), 3(2) (v) of 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 the appellant and he is in confinement since 11/8/2019. Contents of FIR and the statement of prosecutrix indicate an improbable event. In medical examination, whatsoever no external or internal injuries over the person of prosecutrix have been referred. Confinement since 11/8/2019 amounts to pretrial detention. Appellant undertakes to cooperate in investigation as well as trial and would also not be a source of embarrassment or harassment to the prosecutrix or her family HIGH COURT OF MADHYA PRADESH 2 Cr.A.No. 8265/2019 (Sharafat alias Shahrukh Shah Vs. State of M.P. & Anr.) members in any manner. Appellant also undertakes to perform community service.
Learned counsel for the State opposed the bail application and prayed for its rejection.
In the fact situation of the case, considering the submissions made by learned counsel for the appellant as well as the fact and that trial would take some time, without expressing any opinion on merits of the case, I deem it appropriate to allow this appeal in the following terms.
It is hereby directed that the appellant shall be released on bail 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.
This order will remain operative subject to compliance of the following conditions by the appellant :-
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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be and would not move in the vicinity of the complainant;
4. The appellant shall not commit an offence similar to the offence HIGH COURT OF MADHYA PRADESH 3 Cr.A.No. 8265/2019 (Sharafat alias Shahrukh Shah Vs. State of M.P. & Anr.) of which he is accused and would not move in the vicinity of the prosecutrix and would also not be a source of embarrassment or harassment to the prosecutrix or her family in any manner;
5. The appellant will not seek unnecessary adjournments during the trial;
6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
7. As per the undertaking given, the appellant shall serve the District Hospital, Shivpuri on every Monday, and Tuesday from 10 am to 1 pm for six months and his role would be to assist the doctors/compounder while serving outdoor patients.
He would not be allowed to move inside the operation theater and private wards and shall not be a source of infection and discomfort to the patients and concerned duty doctors shall ensure this. In April, 2020, appellant shall submit a report about the works done by him and suggestions, if any for improvement of the system.
8. This direction is given looking to the age of the appellant so that he can get a chance to assimilate in the main stream. CMHO/ Hospital Superintendent, District Shivpuri shall permit the appellant to work in the outdoor patient department only while assisting the ward boys and male nurses to serve the patients. The services of the appellant shall also be utilized in maintaining cleanliness in the building and serving the patients HIGH COURT OF MADHYA PRADESH 4 Cr.A.No. 8265/2019 (Sharafat alias Shahrukh Shah Vs. State of M.P. & Anr.) and doing work like First Aid etc., so that appellant may inculcate some basis knowledge of First Aid or Emergency Care of patients which may be helpful for unforeseen exigencies or natural calamities wherein appellant may be helpful as a volunteer. It is made clear that appellant shall not be a source of any infection to the patients and would confine himself in the work of cleanliness, registration of patients or those works which may not endanger the interest of any patient.
9. This direction is made by this Court as a test case to address the Anatomy of Violence and Evil by process of Creation and a step towards Alignment with Nature. The natural instinct of compassion, service, love and mercy needs to be rekindled for human existence as they are innately engrained attributes of human existence.
10.CMHO, District Shivpuri be informed accordingly. Any breach of condition or any activity contrary to the interest of patients and public would render the appellant dis-entitled from the relief granted by this Court.
A copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak) Judge jps/-
JAI PRAKASH SOLANKI 2019.09.30 10:16:23 +05'30'