Madhya Pradesh High Court
Bhagwan Singh vs The State Of Madhya Pradesh on 27 September, 2021
Author: Sheel Nagu
Bench: Sheel Nagu
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.46240/2021
(Bhagwan Singh and others Vs. State of M.P. )
Gwalior, Dated:-27.9.2021
Shri O.P. Meena, learned counsel for petitioners.
Shri Manish Nayak, learned Panel Lawyer for the
respondent/State.
Learned counsel for rival parties are heard. Case-diary is perused.
The petitioners have filed this first application u/S.439 Cr.P.C. for grant of bail.
The petitioners have been arrested on 19.8.2021 by Police Station-Dehat, District Bhind (M.P.), in connection with Crime No.535/2021 registered in relation to the offences punishable u/Ss. 379, 414 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.
Investigation in the matter is over. The allegation against all the petitioners that they are driving three different trucks transporting unlawfully quarried sand.
Since investigation is over and further custodial interrogation of the petitioners may not be required and no purpose would be served to continue incarceration of the petitioners.
In view of above and with further facts that early conclusion of 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.46240/2021 (Bhagwan Singh and others Vs. State of M.P. ) 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 though inclined to extend the benefit of bail to the petitioners. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioners be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with two solvent sureties of Rs.25,000/- each to the satisfaction of the Trial Court.
This order will remain operative subject to compliance of the following conditions by the petitioners :-
1. The petitioners will comply with all the terms and conditions of the bond executed by them;
2. The petitioners will cooperate in the trial;
3. The petitioners will not indulge themselves 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 petitioners shall not commit an offence similar to the offence of which they are accused;
5. The petitioners will not seek unnecessary adjournments during the trials;
6. The petitioners will not leave India without 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.46240/2021 (Bhagwan Singh and others Vs. State of M.P. ) previous permission of the Trial Court/Investigating Officer, as the case may be;
7. The learned concerned Trial Court 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. Petitioner shall plant 10 saplings of indigenous fruit bearing or shady trees on the side of the road/street of the place of residence of petitioner or at any other place in the district which is earmarked by the Collector/Revenue Authority for planting trees and shall take care of the trees for the next one year by watering the plants and by installing tree guards at his own expenses. In case the petitioner is unable to afford incurring of such expenses, then he would obtain saplings/tree guard from the forest authorities (the concerned Forest Range Officer of the area) free of cost or at concessional/nominal rates available under any beneficial scheme of the Government. Petitioner shall file an affidavit disclosing compliance of this condition within 30 days in the Registry, failing which this court may consider cancellation of bail.
On complying with condition No.8 aforesaid, the petitioners are directed to inform the location of plantation made to the Forest Range 4 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.46240/2021 (Bhagwan Singh and others Vs. State of M.P. ) Officer of the area concerned who will pass on this information to the DFO concerned.
For effective implementation of this order in the interest of betterment of ecology of the area concerned, the District Magistrate of district within which the petitioners reside is directed to assist the petitioners/accused to comply with condition No.8 by extending all possible financial and material assistance to the petitioners admissible under any of the beneficial scheme for afforestation of the State.
The DFO of the concerned District is directed to file verification report before the trial Court concerned after carrying out inspection personally or through any other officer of the Forest Dept duly authorised in that behalf disclosing as to whether petitioners have complied with condition No.8 or not, and if yes to what extent?
The learned trial Judge on receiving report of noncompliance of condition No.8 shall forthwith communicate the same to the Registry of this Court.
The Registry on receiving any such report from the trial Court disclosing default shall put up the matter before appropriate Bench in shape of PUD.
A copy of this order be sent to the trial Court concerned for compliance.
Let a typed copy of this order be also supplied to the counsel 5 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.46240/2021 (Bhagwan Singh and others Vs. State of M.P. ) for the State for compliance of the aforesaid directives.
A copy of this order be furnished by the Registry of this Court to the concerned District Magistrate and the DFO having territorial jurisdiction over the place of residence of the petitioners for execution of the order in the interest of the ecology.
For the time being this case stands disposed of. E-Copy/Certified copy as per rules.
(Sheel Nagu) Judge Pawar* ASHISH PAWAR 2021.09.28 14:36:30 +05'30'