Madhya Pradesh High Court
Shyamlal @ Samrath vs The State Of Madhya Pradesh on 8 October, 2021
Equivalent citations: AIRONLINE 2021 MP 2327
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-47526-2021
The High Court Of Madhya Pradesh
MCRC-47526-2021
(SHYAMLAL @ SAMRATH Vs THE STATE OF MADHYA PRADESH)
2
Indore, Dated : 08-10-2021
Shri S.K.Meena, learned counsel for the applicant.
Shri Sudhanshu Vyas, learned Panel Lawyer for the respondent/State.
T his is the third bail application under Section 439 Cr.P.C. The applicant is in custody since 23.11.2020 in connection with Crime No.242/2020 registered at Police Station Malhargarh, District Mandsaur for the offence punishable under Sections 388, 365, 394 and 120-B of IPC. His earlier applications were dismissed as withdrawn vide orders dated 08.06.2021 and 12.08.2021 in M.Cr.C.No.39738/2021 and 25800/2021.
As per prosecution story, the applicant a member of an organized gang is involved in cheating and blackmailing people for extraction of huge money. In the instance case, the co-accused Heerabai is alleged to have initially made phone calls to the complainant and tried to lay honey trap. Though initially the complainant resisted and did not encourage the co-accused to make calls, however, due to her persistent calls, the complainant had gone to the spot where both of them decided to leave their home. No sooner the complainant reached there, four persons including the applicant riding on two motorcycles came on the spot and started assaulting by fists and kicks and also demanded huge amount, otherwise they threatened to make the complainant accused of such offence punishable with life imprisonment. The complainant out of fear had given an amount of Rs.71,000/-. Thereafter complaint has been filed and accordingly case has been registered.
Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the offence. He is not required for custodial interrogation as challan has been filed. It is further submitted that applicant has already suffered jail incarceration since 23.11.2020. Looking to Signature Not Verified SAN the COVID-19 situation, trial is not likely to conclude early in the near future.
Digitally signed by VIBHA PACHORI Date: 2021.10.08 17:29:57 IST2 MCRC-47526-2021 Hence, the applicant may be enlarged on bail on the ground of long incarceration.
P er contra, learned Panel Lawyer supports the order impugned and opposes the bail application with submission that the applicant has played fraud with the complainant and demanded huge amount alongwith the other co-accused persons. Hence, the applicant is not entitled for bail.
A t this stage, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to the grave critical social economic condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage, the applicant is prepared to deposit a sum of Rs.50,000/- (Rs. Fifty Thousand only) in the office of Jila Bal Sanrakshan Samiti, Mandsaur (Bank of India Account No.912910210000074 IFSC Code BKID0009129 for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams, orphans living in orphanage and also to sufferers of Covid-19 Pandemic in the city of Mandsaur as well as for providing facility of Bio gas plant (Gobar Gas) to poor villagers/agriculturists for enabling them to avail the LPG gas for domestic purpose so also for providing basic amenities ( i.e. shed, chairs, lights, water cooler with RO ,Ceiling Fans etc.) in District Jail, Mandsaur where advocates and relatives meet the prisoners for consultations/discussions. However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of applicant on bail.
Upon hearing counsel for the parties, but without touching merits of the contentions so advanced, regard being had to the fact that the applicant is in jail since 23.11.2020, not required for custodial interrogation and due to Covid-19 pandemic, the possibility of delay in conclusion of trial cannot be ruled out. Hence, applicant is held entitled for enlargement on bail.
Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that Signature Not Verified SAN Digitally signed by VIBHA PACHORI Date: 2021.10.08 17:29:57 IST 3 MCRC-47526-2021 the applicant be released on bail on furnishing personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakhs only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:
( i ) the applicant will prepare demand draft of an amount of Rs.50,000/- (Rs. Fifty Thousand only) in favour of Jila Bal Sanrakshan Samiti, Mandsaur (Bank of India Account No.912910210000074 IFSC Code BKID0009129 to be utilized for providing clothing, food and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams, orphans living in orphanage in the District, physically challenged persons and to sufferers of Covid-19 Pandemic as well as for providing facility of Bio gas plant (Gobar Gas) to poor villagers/agriculturists for enabling them to avail the LPG gas for domestic purpose, so also for providing basic amenities ( i.e. shed, chairs, lights, water cooler with RO ,Ceiling Fans etc.) in District Jail, Mandsaur where advocates and relatives meet the prisoners for consultations/discussions etc.However, the aforesaid amount shall have no bearing on the pending trial, but is only for enlargement of the applicant on bail.
(ii)(a) the applicant will submit the aforesaid original demand drafts alongwith copy of the order passed today through her counsel before the Principal Registrar of this Bench, for keeping the same in his safe custody.
(ii)(b ) as and when directed the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand drafts to the concerned authority in that behalf.
(ii)(c) The Registry is directed to accept the original demand drafts without mentioning the account number therein. However, ensure that the same is in relation to the present case.Signature Not Verified SAN Digitally signed by VIBHA PACHORI Date: 2021.10.08 17:29:57 IST
4 MCRC-47526-2021
(iii) the aforesaid authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Mandsaur is also directed to maintain a separate account (for production of the record as and when directed for).
(v) the applicant shall mark her attendance before the concerned Police Station on 2nd & 4th Saturday of every month between 10.00 AM to 12.00 Noon.
(iv) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(v) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant will be released on bail in terms of the conditions imposed in this order;
(vi) It is hereby directed that the Collector Mandsaur shall release the amount for purchase of aforesaid mentioned items to be requisitioned by Jail Superintendent, Mandsaur.
(vii) That the Superintendent of Jail shall furnish the details of expenditure made for providing facilities as ordered with proper receipts etc before the Principal Registrar of High Court of Madhya Pradesh Indore Bench.
(viii) In future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically.
Signature Not Verified SAN(ix) violation of conditions, State is free to apply for cancellation of Digitally signed by VIBHA PACHORI Date: 2021.10.08 17:29:57 IST 5 MCRC-47526-2021 bail.
Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.
E-certified copy as per rules.
(ROHIT ARYA) JUDGE Vibha Signature Not Verified SAN Digitally signed by VIBHA PACHORI Date: 2021.10.08 17:29:57 IST