Madhya Pradesh High Court
Nandkishore Sharma vs The State Of Madhya Pradesh on 11 August, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
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HIGH COURT OF MADHYA PRADESH
MCRC.No.26968/2020
(Nandkishore Sharma Vs. State of M.P.)
Gwalior, Dated : 11.08.2020
Shri Pawan Kumar, learned counsel for the applicant.
Shri Anmol Khedkar, learned Panel Lawyer, 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 counsel
through video conferencing, following the norms of social distancing/
physical distancing in letter and spirit.
Heard the learned counsel for the parties.
The applicant has filed this first application u/S.438 Cr.P.C. for
grant of anticipatory bail as he has apprehension of his arrest in
connection with Crime No.362/19 registered at Police Station Gola Ka
Mandir, District Gwalior for the offences punishable under Section 420
of IPC.
It is submitted by the counsel for the applicant that the only
allegation against present applicant is that he has helped the other co-
accused persons and the complainant in getting the transaction settled.
There is no allegation with respect to receiving the money from the
complainant on the present applicant. He is the first offender. The
applicant is ready to abide by all the terms and conditions which may
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HIGH COURT OF MADHYA PRADESH
MCRC.No.26968/2020
(Nandkishore Sharma Vs. State of M.P.)
be imposed by this court while considering the application for grant of
anticipatory bail and he is ready to cooperate in the investigation. It is
submitted by the applicant that he will furnish a bank surety to the tune
of Rs.9,50,0000/- to secure the complainant amount. The applicant has
shown his willingness to contribute an amount of Rs.5000/- towards
the PM Care Fund. There is no possibility of his absconding or
tampering with the prosecution case. Counsel for the applicant prays
for grant of anticipatory bail to the applicant.
Per contra, learned Panel Lawyer for the State opposed the
stating that the applicant has active participation in commission of
the offence. It is argued that the other co-accused persons are also
absconding in the matter. Investigation is pending and they are not
cooperating in the investigation but he fairly submits that applicant
is a first offender.
The Hon'ble Supreme by order dated 23.03.2020 passed in the
case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS
in SUO MOTU W.P. (C) No.1/2020 has directed all the States to
constitute a High Level Committee to consider the release of prisoners
in order to decongest the prisons. The Supreme Court has observed as
under :-
"The issue of overcrowding of prisons is a matter of
serious concern particularly in the present context of the
pandemic of Corona Virus (COVID - 19).
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HIGH COURT OF MADHYA PRADESH
MCRC.No.26968/2020
(Nandkishore Sharma Vs. State of M.P.)
Having regard to the provisions of Article 21 of the
Constitution of India, it has become imperative to ensure
that the spread of the Corona Virus within the prisons is
controlled. We direct that each State/Union Territory shall
constitute a High Powered Committee comprising of (i)
Chairman of the State Legal Services Committee, (ii) the
Principal Secretary (Home/Prison) by whatever
designation is known as, (ii) Director General of
Prison(s), to determine which class of prisoners can be
released on parole or an interim bail for such period as
may be thought appropriate. For instance, the State/Union
Territory could consider the release of prisoners who
have been convicted or are under trial for offences for
which prescribed punishment is up to 7 years or less, with
or without fine and the prisoner has been convicted for a
lesser number of years than the maximum.
It is made clear that we leave it open for the High
Powered Committee to determine the category of
prisoners who should be released as aforesaid, depending
upon the nature of offence, the number of years to which
he or she has been sentenced or the severity of the
offence with which he/she is charged with and is facing
trial or any other relevant factor, which the Committee
may consider appropriate."
Considering the overall facts and circumstances of the case and
the applicant is ready for giving an undertaking of furnishing a bank
surety to the tune of Rs.9,50,000/- and looking to the pandemic
scenario of Covid-19, this Court deems it appropriate to allow this
anticipatory bail application.
It is hereby directed that in the event of arrest, the applicant shall
be released on anticipatory bail subject to furnishing a bank surety of
Rs.9,50,000/- and on his furnishing personal bond of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety of like
amount to the satisfaction of Investigation Officer/trial Court, as the
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HIGH COURT OF MADHYA PRADESH
MCRC.No.26968/2020
(Nandkishore Sharma Vs. State of M.P.)
case may be with submission of written 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 and he will have to
install Arogya Setu App, if not already installed.
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 him 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 seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 5
HIGH COURT OF MADHYA PRADESH MCRC.No.26968/2020 (Nandkishore Sharma Vs. State of M.P.)
7. The applicant shall deposit Rs.5000/- in PM CARE Fund having Account Number : 2121PM20202, IFSC Code:
SBIN0000691, SWIFT Code : SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch within seven days from today.
8. The applicant 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 learned Panel Lawyer to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police, District Datia who shall inform the concerned SHO regarding the same.
Application stands allowed.
The applicant shall install Arogya Setu App in his mobile immediately and would intimate his place of residence to the SHO of concerned Police Station; where he reside. Applicant further submits the undertaking to the effect 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 (COVIC-19) pandemic.
E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is 6 HIGH COURT OF MADHYA PRADESH MCRC.No.26968/2020 (Nandkishore Sharma Vs. State of M.P.) made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.
CC as per rules.
(Vishal Mishra) Judge mani SUBASRI MANI 2020.08.11 18:23:45
-07'00'