Madhya Pradesh High Court
Ravi Mahor vs The State Of Madhya Pradesh on 13 June, 2022
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 13th OF JUNE, 2022
CRIMINAL APPEAL No. 4267 of 2022
Between:-
RAVI MAHOR S/O NARAYAN
MAHOR, AGED ABOUT 38
YEARS, OCCUPATION:
MAZDOORI BELDAR KA PURA
GOL PAHADIA LASHKAR
(MADHYA PRADESH)
.....appellant
(BY SHRI RAJ KUMAR SHRIVASTAVA - ADVOCATE)
AND
THE STATE OF MADHYA
PRADESH INCHARGE POLICE
STATION PS MURAR (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI ANIL SHUKLA - PUBLIC PROSECUTOR)
This application coming on for hearing this day, the
court passed the following:
2
ORDER
The appellant has filed this criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 28.02.2022 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Gwalior whereby, bail application under Section 439 of Cr.P.C. of appellant has been rejected.
Appellant has been arrested on 10.02.2022 by the Police Station- Morar, District- Gwalior, in connection with Crime No.721/2018, registered in relation to the offence punishable under Sections 420, 467, 468, 469, 120-B, 409, 471 of IPC and Section 3(2)(5) of the SC/ST(Prevention of Atrocities) Act.
It is the submission of learned counsel for the appellant that appellant has been falsely implicated in this case and he is in confinement since 10.02.2022 whereas charge-sheet has 3 already been filed. He is computer operator in the office of Triable Welfare Department and he did not commit any offence. appellant learnt the lesson hard way and would mend his ways and would become a better citizen. Counsel relied upon the judgments in the cases of Aparna Bhat Vs. State of M.P. reported in 2021 SCC Online 230 and Sunita Gandharva Vs. State of M.P. reported in 2020 (3) MPLJ(Cri.)247. Confinement amounts to pretrial detention. He undertakes to cooperate in the investigation/trial and keep himself available as and when required. He would not be source of harassment and embarrassment in any manner to the complainant party. He further intends to perform community service voluntarily by serving the environment and National/Social cause by contributing his part voluntarily to purge his misdeeds. Under these grounds, he prayed for bail.
Learned Public Prosecutor for the State opposed the 4 prayer on the ground that appellant is main accused and with the connivance of co-accused persons Akhilesh (Director of BIPS College) and Om Prakash Sharma (Clerk in the Triable Welfare Department), siphoned the public money. Therefore, he prayed for dismissal of this anticipatory bail application.
Learned Public Prosecutor has suggested that certain conditions may be imposed over the appellant if the bail is granted including some social service so that appellant may learnt the lesson.
Heard learned counsel for the parties and perused the documents appended thereto.
Considering the submissions of learned counsel for the parties and facts situation specially the fact that charge-sheet has already been filed which appears to be more based upon documentary evidence. Intention of appellant to reform himself and to serve the social cause as per the spirit echoed in the order 5 of Sunita Gandharva (Supra), but with some stringent condition as discussed by Hon'ble Supreme Court in the case of Aparna Bhatt Vs. State of M.P. reported in 2021 SCC Online 230, without expressing any opinion on merits of the case, I deem it appropriate to allow this appeal and impugned order dated 28.02.2022 is set aside in the following terms. It is hereby directed that the appellant shall be released on bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties (each surety should be of Rs.50,000/- of the like amount to the satisfaction of Trial 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 6 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 appellant will not seek unnecessary adjournments during the trial;
5. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
6. The appellant shall mark his presence on 1st and 15th day of every month (if holiday then on next day) before the concerned police station between 10.30 am to 2.30 pm , till conclusion of trial and any default shall disentitle him from grant of benefit of bail.
7. As per undertaking given by the appellant he is at liberty to provide some toys to the 5 Aanganwadi Kendra situated at Gwalior city so that toddlers/ young children of rural areas may able to play with those toys in Aanganwadi Kendra. A report shall be submitted mentioning the names of toys supplied to the Aanganwadi alongwith the photographs before the trial Court within a period 7 of one month from the date of release.
And The Station House Officer of the concerned Police Station is directed as follows:
1. The Station House Officer shall inform the victim about the release of the petitioner/applicant on bail and shall also supply a copy of this bail order to the victim.
2. In case of breach of any of the conditions of this order, the victim shall be free to report the matter to the Station House Officer of the concerned Police Station.
3. On receipt of any such complaint from the victim, the Station House Officer of the concerned police station, in turn, shall inform the Registry of this Court.
4. On receipt of information from the Station House Officer as aforesaid, the Registry of this Court shall list this matter under caption "Directions" before the appropriate Bench.
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Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules/directions.
(Anand Pathak) Judge Rashid RASHID KHAN 2022.06.14 10:37:51 +05'30' 11.0.8