Madhya Pradesh High Court
Sumit Sahu vs State Of Madhya Pradesh on 11 November, 2020
Author: Sheel Nagu
Bench: Sheel Nagu
1
The High Court Of Madhya Pradesh
MCRC-42379-2020
(Sumit Sahu Vs. State of M.P.)
Gwalior, Dated: 11.11.2020
Shri Yash Sharma, Advocate for the petitioner.
Shri Vinay Kumar, Panel Lawyer for the respondent/State.
Learned counsel for the rival parties are heard through video conferencing.
This is second bail application u/S.439 CrPC filed by the petitioner for grant of bail after rejection of earlier one which was dismissed on 19.10.2020 in M.Cr.C. No.40039/2020 with liberty to the petitioner to come after filing of charge-sheet.
The petitioner has been arrested on 27.08.2020 by Police Station Dabra District Gwalior (M.P.) in connection with Crime No. 730/2019 registered in relation to the offence punishable u/S.379, 201 of IPC.
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.
Offence of theft of motor cycle is alleged against the petitioner who is in custody since 27.08.2020. Earlier bail application was dismissed with liberty to the petitioner to come again after filing of charge-sheet.
Learned counsel for the petitioner reveals and which fact is found to be true from the record that though charge-sheet has been filed on 13.10.2020 but this fact could not be brought to the notice of this Court when first bail application was rejected. Since investigation 2 The High Court Of Madhya Pradesh MCRC-42379-2020 (Sumit Sahu Vs. State of M.P.) is over by filing of charge-sheet, therefore, no further custodial interrogation is necessary.
In view of above and considering the special circumstances of ongoing Covid-19 pandemic and the fact 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 discloses possibility of petitioner fleeing from justice, this Court is though inclined to extend the benefit of bail to the petitioner but with certain stringent conditions.
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 investigation/trial, as the case may be;
3. The petitioner 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;
4. The petitioner shall not commit an offence similar to the offence of which they are accused;3
The High Court Of Madhya Pradesh MCRC-42379-2020 (Sumit Sahu Vs. State of M.P.)
5. The petitioner will not seek unnecessary adjournments during the trial;
6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. The petitioner shall mark his appearance before the concerned Police Station once in a fortnight till conclusion of the trial.
8. 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.
9. 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 petitioner.[;kfpdkdrkkz ,d f'k{kk lo;alksod ds :i esa vius fuokl ds fudV voflLFk ljdkjh izkfFed 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 djsxka] The petitioner after selecting a particular Govt. Primary School shall inform about the same to the office of Gram Panchayat (in case of 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 ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esa xzke 4 The High Court Of Madhya Pradesh MCRC-42379-2020 (Sumit Sahu Vs. State of M.P.) 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.9 or not and submit report once every month.
In case, report regarding condition No.9 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.
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The High Court Of Madhya Pradesh MCRC-42379-2020 (Sumit Sahu Vs. State of M.P.) The petitioner has gracefully volunteered to donate Rs.1,000/- (Rs. One Thousand 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) Judge Aman Aman Tiwari Digitally signed by Aman Tiwari DN: c=IN, o=High Court Of Madhay Pradesh Bench Gwalior, ou=all, 2.5.4.20=70c6eef55d043fbd523acacb7d1ef4b0609a37510b8e1527bc41 da9009c41f72, postalCode=474011, st=MADHYA PRADESH, cn=Aman Tiwari Date: 2020.11.12 19:21:14 -08'00'