Madhya Pradesh High Court
Prashant Bhargava vs The State Of Madhya Pradesh on 9 July, 2020
Author: Anand Pathak
Bench: Anand Pathak
1 M.Cr.C. No.21684/2020
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.21684/2020
(Prashant Bhargawa Vs. State of M.P. )
Gwalior, Dated:09.07.2020
Shri Sunil Jain, learned counsel for the applicant.
Shri Rohit Mishra, learned Additional Advocate General for
respondent/State.
Matter is heard through video conferencing.
Learned counsel for the applicant at the outset informs this Court that he has corrected the default and instead of Police Myana, District Shivpuri he referred the correct Police Station Myana, District Guna.
This is the first application under Section 438 of the Cr.P.C filed by the applicant, who apprehends his arrest in connection with Crime No.145/2020, registered at Police Station Mayana, District Guna, for the offence punishable under Sections 379 and 414 of IPC, Section 4-A read with Section 21(1) of Mines and Mineral (Development and Regulation) Act 1957 as well as 247 (7) of M.P. Land Revenue Code 1959.
It is the submission of counsel for the applicant that applicant is apprehending his arrest on the basis of registration of offence referred above. It is further submitted that applicant is facing investigation for the offence under Sections 379 and 414 of IPC, Section 4-A read with Section 21(1) of Mines and Mineral (Development and Regulation) Act 1957 as well as 247 (7) of M.P. Land Revenue Code 1959 in 2 M.Cr.C. No.21684/2020 which Mines and Mineral Department, District Guna compounded the offence by imposing penalty of Rs.50,000/- and he referred the order dated 18.06.2020 whereby compounding has taken place under Section 23-A of the Act, 1957. Therefore, other provisions of IPC are not heinous in nature and punishment can be awarded up to three years maximum sentence . It is further submitted that he had royalty receipt for transportation of sand for 30.05.2020 and vehicle was intercepted on 30.05.2020 itself, but due to unknown reason his dumper was kept under custody for two days and on 02.06.2020 vehicle was shown to be intercepted and driver of the vehicle was shown to be arrested. He undertakes on behalf of applicant that he never indulged in any illegal transportation of sand and he is in possession of regular permit. Confinement may bring social disrepute and personal inconvenience. He undertakes to perform community service to purge his misdeeds if any and serve national cause if any. He would not tamper with the evidence/witness during investigation. He further undertakes to install Arogya Setu App. Under these grounds, prayer for anticipatory bail has been made.
Learned counsel for the State opposed the prayer and prayed for dismissal of the application. He further submitted that applicant may be required for investigation, however, fairly submits that Mining Department, Guna has compounded the offence by imposing the penalty of Rs.50,000/-.
3 M.Cr.C. No.21684/2020
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.
Considering the facts and circumstances of the case and in view of COVID-19 pandemic, but without expressing opinion on merits of the case, I deem it appropriate to allow this application under Section 438 of Cr.P.C.. It is hereby directed that in the event of arrest, the applicants shall be released on bail on furnishing a personal bond of Rs.1,00,000/-(Rupees One Lac Only) with two solvent sureties of the like amount to the satisfaction of Investigating Officer/Investigating Agency, as undertaking that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic.
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 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 M.Cr.C. No.21684/2020
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The 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; and
7. Applicant shall not tamper with the witness/evidence and shall mark his presence on the first day of every month before the Investigating Officer to cooperate in investigation as well as would make himself available as and when required.
8. The applicant 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.
9. Looking to the undertaking and intent of the appellant and looking to the fact that water is depleting day by day and this area is anticipated to come under Zero Day zone, it is imperative that applicant must install Water Harvesting System or Water Recharge System in his house in which he is residing within two months from today, if he has not installed the system already. If he has installed the system already, then he shall have to submit proof and photographs regarding this before the trial Court. Applicant shall seek necessary permission required, if any, in this regard from the concerned departments including Municipal Council, District Guna and 5 M.Cr.C. No.21684/2020 authorities shall facilitate and cooperate in this regard for installation of water recharge / harvesting system. Applicant shall have to maintain the said system in future on regular basis. After installation of system, appellant shall submit a report and compliance certificate (if required), as well as photographs in this regard before the registry of this Court, which shall be placed before this Court under the caption "Direction".
This direction is being given by this Court in peculiar fact situation and looking to the intent and desire of the applicant to do some work for the betterment of Environment and Community. It is earnestly expected that this act of applicant would create an atmosphere of awareness in the public regarding water conservation.
E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Anand Pathak)
Ashish* Judge
ASHISH
CHAURASIA
2020.07.10
13:19:02
+05'30'