Shahrukh Mansuri vs The State Of Madhya Pradesh on 7 May, 2021

[Cites 7, Cited by 4]

Madhya Pradesh High Court

Shahrukh Mansuri vs The State Of Madhya Pradesh on 7 May, 2021

This is first bail application under Section 439 Cr.P.C. filed on behalf of the applicant. The applicant is in custody since 02.03.2021 in connection with Crime No. 0095/2020 registered at P.S. Manak Chowk, District Ratlam for the offence punishable under Section 457, 380 and 411 of IPC.

As per prosecution story, an FIR was lodged on 11.03.2020 by the complainant with the allegation that somebody has drilled the wall of his house and taken away valuables kept in the locker of almirah installed there on 05.03.2020. Total 61 valuables were stolen.During the course of investigation, on the basis of information from informant, one Bharat was apprehended, who in his memo recorded u/S 27 of the Evidence Act has accepted the fact of commission of theft alongwith other co-accused persons namely Krishnapal, Shivkumar, Narayan Singh, Hussain. They were apprehended on different dates. During further investigation, it was revealed that they in turn sold the stolen items to Mahesh. Co-accused Mahesh in his memo recorded u/S 27 Evidence Act revealed that he has sold some stolen articles to the present applicant after keeping part of it and from the possession of present applicant, 1 necklace and 5 gold coins(ginni) and 2 big/small pendents [appears to be that of gold] were seized. Accordingly, case has been registered against the present applicant.

Investigation is complete and charge-sheet has been filed. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the offence. Applicant is in custody since 02.03.2021, investigation is complete and chargsheet has been filed on Signature Not Verified SAN 31.03.2021. He is not required for further custodial investigation. Applicant is Digitally signed by SEHAR HASEEN Date: 2021.05.08 10:39:35 IST 2 MCRC-20987-2021 a young man aged 25 years. He is the sole bread earner and due to his jail incarceration, his family is in penury. Moreso, looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Hence, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper.

P e r contra, learned Panel Lawyer opposes the bail application supporting the order impugned with submission that co-accused Mahesh in his memo recorded u/S 27 of Evidence Act had clearly stated that part of stolen property was handed over to the present applicant Shahrukh after keeping some articles within him. Hence, complacency of the applicant in the crime cannot be ruled out. However, he fairly submits that applicant does not have criminal antecedents.

At this stage, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to grave critical social economic condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage and due to outbreak of Covid-19 Pandemic, the applicant is prepared to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) in favour of Jila Bal Sarakshan Samiti, Ratlam (State Bank of India Account No.31863593860, IFSC Code SBIN0030437) 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 or orphans living in orphanage and also to the sufferers of Covid-19 Pandemic in the city of Ratlam in dire need of such amenities/facilities . 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 who has no criminal antecedents is in jail since 02.03.2021, investigation is complete and chargsheet has been filed, he is not required for custodial investigation. Moreso, due to Covid-19 pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for enlargement on bail.

Signature Not Verified SAN Digitally signed by SEHAR HASEEN Date: 2021.05.08 10:39:35 IST

3 MCRC-20987-2021 Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail furnishing personal bond in the sum of Rs.3,00,000/- (Rupees Three 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 shall prepare a demand draft for Rs.50,000/- (Rupees fifty thousand only) of any Nationalized Bank in favour of Zila Bal Sanrakshan Samiti, Distt. Ratlam [State Bank of India Account No.31863593860, IFSC Code SBIN0030437] to be utilized for the purpose o f 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 and orphans living in orphanage and also to the sufferers of Covid-19 Pandemic in the city of Ratlam in dire need of such amenities/facilities and the amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicant.

(ii) (a) the applicant shall submit the original demand drafts alongwith copy of the order passed today through his counsel before the Principal Registrar of this Bench, for keeping the same in his safe custody.

( i i ) (b) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.

(i i )(c) the Registry is directed to accept the original demand draft wi thout mentioning the account number therein. However, ensure that the same is in relation to the present case.

(i i i ) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Ratlam is also directed to maintain a separate account (for production of the record as and when directed for).

(iv) the applicant shall mark his attendance before the concerned police Signature Not Verified SAN station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 Digitally signed by SEHAR HASEEN Date: 2021.05.08 10:39:35 IST 4 MCRC-20987-2021 noon.

(v) 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 to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

( vi ) 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 shall be released on bail in terms of the conditions imposed in this order.

(vii) In the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail granted to the applicant.

(viii) if 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.

Observations made on facts touching merits of the case are only for the purpose of deciding the bail application and shall not have any bearing on the pending trial.

Learned State counsel 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)
                                   sh                                                                     JUDGE




Signature Not Verified
  SAN




Digitally signed by SEHAR HASEEN
Date: 2021.05.08 10:39:35 IST

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Madhya Pradesh High Court