Madhya Pradesh High Court
Rakesh @ Akku Pandit Sharma vs The State Of Madhya Pradesh on 9 September, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
HIGH COURT OF MADHYA PRADESH
CRA-3401-2020
(RAKESH @ AKKU PANDIT SHARMA Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 09.09.2020
Mrs. Sangita Pachauri, learned counsel for the appellant.
Shri Aditya Singh, learned Public Prosecutor, for the State.
In the wake of unprecedented and uncertain situation due to
outbreak of the Novel Corona virus (COVID-19) and considering the
advisories issued by the Government of India, this application has been
heard and decided through video conferencing to maintain social
distancing. The parties are being represented by the respective counsels
through video conferencing, following the norms of social distancing/
physical distancing in letter and spirit.
Present appeal has been filed under Section 14-A of Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter would be referred as "the Atrocities Act") against the
order dated 16.12.2019 passed by Special Judge (Atrocities Act)
Gwalior whereby the application of the appellant under Section 439
of Cr.P.C seeking bail has been rejected.
Appellant has been arrested in connection with Crime No. 227
of 2017 registered at Police Station Ghatigoan, District Gwalior for
the offence punishable under Sections 307, 302 and 34 & 30 of the
IPC, Sec. 30 of Arms Act and 3 (1) (r)(s), 3 (2) (V-A) of the
Atrocities Act.
Counsel for the appellant at the outset submits that she is not
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HIGH COURT OF MADHYA PRADESH
CRA-3401-2020
(RAKESH @ AKKU PANDIT SHARMA Vs THE STATE OF MADHYA PRADESH)
pressing the application for grant of bail on merits, rather, she has filed
an application for interim bail being I.A. No. 5146/2020 on the ground
of ailment of appellant's father. It is submitted that the father of the
appellant is about 76-77 years of age and mother of the appellant is
nearly 70-72 years of age. It is argued that the father of the appellant is
requiring total knee replacement as advised by the doctor and he is not
in a position even to move without any help of the assistant. It is
submitted that the brother of the appellant is a lunatic and is not in a
position to take care of his father and appellant's wife is a Government
Servant working as Aaganwadi Karyakarta and is living separately and
not residing with the family. There is nobody in the family except the
appellant who could have taken care of his father during this old age. It
is argued that during the COVID-19 pandemic scenario, there is
nobody in the family to take care of his old parents specially father and
mother and also the brother, who is a lunatic. She submits that the
application for interim bail may be considered and appellant be
released for a temporary period to enable him to make arrangements
for treatment of his father and also to make necessary arrangements for
the family members.
This Court vide its order dated 31.08.2020 has directed to the
State authorities to call for the medical status report of the father of the
present appellant. In pursuance to the same, the report has been
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HIGH COURT OF MADHYA PRADESH
CRA-3401-2020
(RAKESH @ AKKU PANDIT SHARMA Vs THE STATE OF MADHYA PRADESH)
submitted by the State counsel, wherein it is categorically mentioned
that the report dated 07.09.2020 has been submitted under the
signature of the Station House Officer, Police Station Janakganj,
District Gwalior, wherein he has pointed out that in pursuance to the
direction given by this Court he has categorically examined the family
status of the present appellant and also the medical condition of the
father of the appellant. He has got recorded the statements of the
neighbors- the independent persons and also has taken the opinion of
the doctor regarding the medical condition of Gopal Krishan Sharma,
who is the father of the appellant. The doctor in its prescription dated
05.09.2020 addressed to the in-charge of Police Station, Janakganj has
categorically mentioned that "this is to certified the patient Shri Gopal
Krishan Sharma 77/male is suffering from severe (grade-A)
osteoporosis of both knees, he has been advised TOR/TKR i.e. (total
knee replacement) surgery for his both knees (on the basis of X-ray
dated 05.09.2020). It is further mentioned that at present, the patient is
having gross difficulty in performing his activities of daily living
without any assistant." Even the report also shows that the brother of
the appellant is mentally unfit and mother of the appellant is also old
and aged person of 73 years. Under these circumstances, it is advisable
by the doctor to get the knee replacement of the father of the appellant
to the earliest as it is a chronic case of advanced osteoporosis.
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HIGH COURT OF MADHYA PRADESH
CRA-3401-2020
(RAKESH @ AKKU PANDIT SHARMA Vs THE STATE OF MADHYA PRADESH)
Taking into consideration of the overall facts and circumstances
of the case and after going through the report submitted by the doctor
as well as the other documents submitted by the Station House Officer,
Police Station, Janakganj, District Gwalior and coupled with the
present scenario of COVID-19, this Court deems it appropriate to
enlarge the appellant on bail on temporary basis for a period of 45 days
to enable him to get the treatment of his father done and also to make
necessary arrangements of helper/ assistant to take care of the family
members.
Accordingly, I.A. No. 5146/2020 and the appeal is allowed.
The appellant is directed to be released for a period of 45 days (from
the date of his release) furnishing a surety bond of Rs.50,000/- (Rs.
Fifty thousand Only) with two solvent sureties in the like amount to
the satisfaction of trial Court. The appellant shall submit written
undertaking that he will abide by all terms and conditions of the
different circulars, orders as well as guidelines issued by the Central
Government, State Government as well as Local Administration for
maintaining social distancing, hygiene etc to avoid Novel Corona Virus
(COVID -19) pandemic and he will have to install Arogya Setu App,
if not already installed. The appellant shall surrender before
concerning CJM, on completion of 45 days from the date of release
with the further direction to submit all the medical documents
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HIGH COURT OF MADHYA PRADESH
CRA-3401-2020
(RAKESH @ AKKU PANDIT SHARMA Vs THE STATE OF MADHYA PRADESH)
regarding the treatment given to his father during the aforesaid
period and information to this effect shall be sent by the court
concerned to Registry of this 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The appellant shall not commit an offence similar to the offence of which he is accused;
5. The appellant will not seek unnecessary adjournments during the trial; and
6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The applicant shall mark his attendance before the concerned Police Station once every fortnight i.e. in the 1st and 3rd week of every month till conclusion of trial.
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HIGH COURT OF MADHYA PRADESH CRA-3401-2020 (RAKESH @ AKKU PANDIT SHARMA Vs THE STATE OF MADHYA PRADESH)
8. The appellant will inform the concerned S.H.O. 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 as well as Superintendent of Police, concerned who shall inform the concerned SHO regarding the same.
In view of the COVID-19, jail authorities are directed that before releasing the appellant, medical examination of appellant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise appellants shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.
E- copy of this order be provided to the appellant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.
(Vishal Mishra)
LJ*/- Judge
LOKENDRA
JAIN
2020.09.10
18:42:53 -07'00'