Madhya Pradesh High Court
Niranjan Singh vs The State Of Madhya Pradesh on 25 February, 2022
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.9054/2022
(Niranjan Singh Vs. State of M.P.)
Gwalior Bench:Dated -25.02.2022
Shri Keshav Pathak, learned counsel for the applicant.
Shri Kuldeep Singh, learned PP for the respondent/State.
Shri Sanjay Gupta, learned counsel for the complainant. The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 20.10.2021, by Police Station- Chinore, Gwalior, District Gwalior, in connection with Crime No.90/2021, registered for offence punishable under Sections 324, 294, 323, 147, 34 and 307, 326 of IPC.
At the outset, learned counsel for the applicant prays for withdrawal of this bail application on merits, but confined his arguments to the extent of temporary bail and submitted that false case has been registered against the applicant and he is suffering confinement since 20.10.2021 and charge-sheet has already been filed. It is the case of cross FIR wherein at the instance of present applicant side, case vide Crime No.88/2021 for offence under Sections 307, 294, 506, 394, 323, 302 of IPC has been registered against the complainant side in which present one Pejaram succumbed to the injuries inflicted by complainant side. He already suffered sufficient period of custody. Applicant and HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No.9054/2022 (Niranjan Singh Vs. State of M.P.) complainant side intends to bury their dispute and want to live peacefully in the vicinity. It is a case of free fight, self defence or at best of sudden provocation because dispute erupted over the boundary (es<+ laca/kh fookn) whereby during tilling, some boundary of agricultural field of complainant got damaged and, therefore, dispute converted into free fight. He further referred the judgements of Apex Court in the case of Gajanand Vs. State of U.P. reported in AIR 1954 SC 695, Munir Khan Vs. State of U.P. reported in AIR 1971 SC 335 and Puran Vs. State of Rajasthan reported in AIR 1976 SC 912. Applicant undertakes to cooperate in investigation/trial. He further undertakes to perform community service voluntarily by serving the environment and National/Social cause.
Learned Public Prosecutor for the State opposed the prayer and submits that applicant bears on minor case of Marpeet or causing hurt. Therefore, his application for grant of bail may be dismissed.
Learned counsel for the complainant fairly submitted that he has not objection if the bail is granted to the applicant because parties are of opinion that peace should be given a chance to prevail. They want to live peacefully in their vicinity.
HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No.9054/2022 (Niranjan Singh Vs. State of M.P.) Heard learned counsel for the parties at length and considered the arguments advanced by them.
Considering the submissions advanced by the parties as well as the fact that parties intend to revive peacefully atmosphere in their vicinity and applicant already suffered sufficient period of custody, therefore, this Court intends to allow the present application and it is hereby directed that the applicant shall be released on temporary bail for 90 days only on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with two solvent sureties of the like amount to the satisfaction of trial Court.
Applicant shall surrender on or before 30.05.2022 before the trial court and trial court shall send a report in this regard before the office of this court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1.The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending HIGH COURT OF MADHYA PRADESH 4 M.Cr.C.No.9054/2022 (Niranjan Singh Vs. State of M.P.) 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 applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not be a source of embarrassment or harassment to the complainant party in any manner and applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. Applicant shall not be source of harassment and embarrassment to the complainant party in any manner and and any default shall disentitle him for grant of benefit of bail.
8. It is made clear that this bail is granted once the case is made out for bail and thereafter, direction for plantation of saplings is given and it is not the case where a person intends to serve social cause can be given bail without considering the merits.
,rn~ }kjk ;g Hkh funZsf'kr fd;k tkrk gS fd vkosnd 10 ikS/kksa dk HIGH COURT OF MADHYA PRADESH 5 M.Cr.C.No.9054/2022 (Niranjan Singh Vs. State of M.P.) Qy nsus okys isM+ vFkok uhe@ihiy½ jksi.k djsxk rFkk mUgs vius vkl iMksl esa isM+ksa dh lqj{kk ds fy, ckM+ yxkus dh O;oLFkk djuh gksxh rkfd ikS/ks lqjf{kr jg ldsA vkosnd dk ;g drZO; gS fd u dsoy ikS/kksa dks yxk;k tk,s] cfYd mUgsa iks"k.k Hkh fn;k tk,A ^^o`{kkjksi.k ds lkFk] o`{kkiks"k.k Hkh vko';d gSA^^ vkosnd fo'ks"kr% 6&8 QhV Åwaps ikS/ks@isM+ksa dks yxk;sxs rkfd os 'kh?kz gh iw.kZ fodflr gks ldsa A vuqikyu lqfuf'pr djus ds fy,] vkosnd dks fjgk fd;s tkus dh fnukad ls 30 fnuksa ds Hkhrj fopkj.k U;k;ky; ds le{k o`{kksas@ikS/kksa ds jksi.k ds lHkh QksVks çLrqr djus gksxsaA rRi'pkr~] vxys rhu o"kZ rd gj rhu eghus esa vkosnd ds }kjk fopkj.k U;k;ky; ds le{k izxfr fjiksVZ çLrqr dh tk,xhA o`{kksa dh çxfr ij fuxjkuh j[kuk vkosnd dk drZO; gS D;ksafd i;kZoj.k {kj.k ds dkj.k ekuo vfLrRo nkao ij gS vkSj U;k;ky; vuqikyu ds ckjs esa vkosnd }kjk fn[kkbZ xbZ fdlh Hkh ykijokgh dks utj vankt ugh dj ldrk gSA blfy, vkosnd dks isM+ksa dh çxfr vkSj vkosnd }kjk vuqikyu ds laca/k esa ,d fjiksVZ çLrqr djus ds fy, funZsf'kr fd;k tkrk gS ,oa vkosnd }kjk fd;s x;s vuqikyu dh ,d la{kfIr fjiskVZ fopkj.k U;k;ky; ds le{k izR;sd rhu ekg esa izLrqr dh tk;sxhA o`{kkjksi.k esa ;k isM+ksa dh ns[kHkky esa vkosnd dh vksj ls dh xbZ dksbZ Hkh pwd vkosnd dks tekur dk ykHk ysus ls oafpr dj ldrh gSA vkosnd dks viuh ilan ds LFkku ij bu ikS/kksa@isMksa dks jksius dh Lora=rk gksxh] ;fn og bu jksis x;s isMksa dh Vªh xkMZ ;k ckM+ yxkdj j{kk djuk pkgrk gS] vU;Fkk vkosnd dks o`{kksa ds jksi.k ds fy, rFkk muds lqj{kk HIGH COURT OF MADHYA PRADESH 6 M.Cr.C.No.9054/2022 (Niranjan Singh Vs. State of M.P.) mik;ksa ds fy, vko';d [kpsZ ogu djuk gksxsaA bl U;k;ky; }kjk ;g funsZ'k ,d ijh{k.k izdj.k ds rkSj ij fn, x, gSa rkfd fgalk vkSj cqjkbZ ds fopkj dk izfrdkj] l`tu ,oa izd`fr ds lkFk ,dkdkj gksus ds ek/;e ls lkeaktL; Lfkkfir fd;k tk ldsA orZeku esa ekuo vfLrRo ds vko';d vax ds :i esa n;k] lsok] izse ,oa d:a.kk dh izd`fr dks fodflr djus dh vko';drk gS D;ksafd ;g ekuo thou dh ewyHkwr izo`fr;ka gSa vkSj ekuo vfLrRo dks cuk, j[kus ds fy, budk iquthZfor gksuk vko';d gSA ;g funsZ'k vkosnd ds }kjk Lor% O;Dr dh xbZ lkeqnkf;d lsok dh bPNk ds dkj.k fn;k x;k gS tks LoSfPNd gSA ^^;g iz;kl dsoy ,d o`{k ds jksi.k dk iz'u u gksdj cfYd ,d fopkj ds vadqj.k dk gSA^^ It is expected from the applicant that he shall submit photographs by downloading the mobile application (NISARG App) prepared at the instance of High Court for monitoring the plantation through satellite/Geo-tagging. And..
As per the undertaking of the counsel on behalf of the applicant for social/community work, the applicant is directed to visit Community Health Center, Chinore District Gwalior in Outdoor Patient Department (OPD) and serve the patients on every Monday and Wednesday between 09:00 am to 1 pm from this month of February, 2022 for next three months, so HIGH COURT OF MADHYA PRADESH 7 M.Cr.C.No.9054/2022 (Niranjan Singh Vs. State of M.P.) that he may learn the lesson to believe in peaceful co-existence in the society and become a better citizen. Chief Medical Health Officer (CMHO), Gwalior/Hospital Superintendent, Community Health Center, Chinore, District Gwalior as the case may be, shall permit the applicant to work in the Outdoor Patient Department only while assisting the ward boys and male nurses to serve the patients. He would not be allowed to move in the Wards and ICU etc. CMHO, Gwalior/ Hospital Superintendent, Community Health Center, Chinore, District Gwalior shall use the service of applicant in maintaining cleanliness in the building and serving the patients and doing work like First Aid etc., so that applicant may inculcate some basic knowledge of First Aid or Emergency Care of patients which may be helpful for unforeseen exigencies or natural calamities wherein applicant may be helpful as a volunteer.
A copy of this order be sent to CMHO, Gwalior/Hospital Superintendent, Community Health Center, Chinore, District Gwalior for information and ensuring compliance of this order. CMHO, Gwalior/ Hospital Superintendent, Community Health Center, Chinore, District Gwalior may inform the Registry of this HIGH COURT OF MADHYA PRADESH 8 M.Cr.C.No.9054/2022 (Niranjan Singh Vs. State of M.P.) Court, if any default is made by the applicant. Even otherwise, CMHO/Hospital Superintendent as the case may be, may submit a report about the work done by the applicant after completion of his stint with community service in every three months before the trial Court. The report may be submitted in May, 2022. On the other hand, applicant shall also have to submit a report about his experience of community service before the trial Court in every three months with his suggestion, if any.
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.
Copy of this order be sent to the District Judge, Gwalior, CMHO, Gwalior/Hospital Superintendent, Community Health Center, Chinore District Gwalior of concerned Hospital and the concerned trial Court for information and necessary compliance.
Application stands allowed and disposed of. Certified copy as per rules.
HIGH COURT OF MADHYA PRADESH 9 M.Cr.C.No.9054/2022 (Niranjan Singh Vs. State of M.P.) (Anand Pathak) Judge Rashid RASHID KHAN 2022.02.26 11:05:50 +05'30'