Madhya Pradesh High Court
Kartar Singh vs The State Of Madhya Pradesh on 1 September, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No. 29779/2020
( Kartar SinghVs. The State of Madhya Pradesh )
(1)
Gwalior, dated : 1/9/2020
Shri S.K.S.Jadon, Advocate for the applicant.
Shri Prabhakar Kushwah, Panel Lawyer for the
respondent/State.
In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.
Heard learned counsel for the parties.
Case diary perused.
The applicant has filed this fifth application under section 439 of the Cr.P.C. for grant of bail. The previous one was dismissed on merits vide order dated 2/1/2019 passed in M.Cr.C. No.52053/2018 while the earlier applications have been dismissed as withdrawn vide orders dated 7/2/2018, 20/6/2018 and 10/10/2018 passed in M.Cr.C. Nos. 4731/2018, 19266/2018 and 34845/2018 respectively .
The applicant has been arrested by Police Station Barohi, District Bhind in connection with Crime No.80/2017 registered in relation to the offences punishable under Sections 489A, 489B, 489C of the IPC and 25/27 of the Arms Act.
Prosecution story, in short, is that on the tip of Jitendra @ Jeetu, Police recovered lower denomination currency notes of HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 29779/2020 ( Kartar SinghVs. The State of Madhya Pradesh ) (2) Rs.100 (410 notes), Rs.50 (10 notes) from the possession of applicant Kartar Singh. In the memorandum prepared under Section 27 of Evidence Act, Kartar Singh admitted that he brought these fake currency notes from the applicant- Shekh Shakoor Saiyyad @ Rana Bhai resident of Beed Aurangabaad, Maharashtra. Upon further investigation, the currency notes of Rs.100 (15 packets) were seized. Apart that, one HP colour printer, 220 pages having embossment of Rs.100, 90 pages having embossment of Rs.50 and other material relating to preparation of fake currency has also been seized. On the basis of aforesaid, crime has been registered against him.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. He is in custody since 22/10/2017. Charge-sheet has been filed and further custodial interrogation is not required. It is also submitted that material prosecution witnesses have turned hostile. Since most of prosecution witnesses have already been examined, therefore, the chance of tampering with the prosecution evidence/witness is remote. It is further submitted that trial is held up due to COVID-2019 outbreak and the applicant cannot be kept in custody for an unlimited period without any substantial reason and his detention in already congested prison may be detrimental. The applicant is a permanent resident of Village Hasanpura, P.S. Gormi, District Bhind and there is no likelihood of his absconsion. He is ready to abide by all the terms and conditions as may be imposed by this Court and co-operate in HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 29779/2020 ( Kartar SinghVs. The State of Madhya Pradesh ) (3) the trial. With the aforesaid submissions, prayer for grant of bail is made.
Learned counsel for the 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.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
Considering the period of custody together with the fact that due to COVID-19 outbreak trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely Kartar Singh be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One lac only) with two solvent and local sureties of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking before the concerned Court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 29779/2020 ( Kartar SinghVs. The State of Madhya Pradesh ) (4) from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant shall install Aarogya Setu App (if not already installed) in his mobile phone.
2. The applicant will comply with all the terms and conditions of the bond executed by him;
3. The applicant will cooperate in the investigation/trial, as the case may be;
4. The applicant will not indulge 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;
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.
7. If the applicant commits any offence while on bail, this order shall automatically stand cancelled without reference to the Court.
Learned counsel for the State is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy/e-copy as per rules/directions.
(S.A.Dharmadhikari) Judge (and) ANAND SHRIVASTAV A 2020.09.01 18:36:41 +05'30'