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Madhya Pradesh High Court

Bantu @ Dharmendra Gurjar vs The State Of Madhya Pradesh on 28 September, 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 28th OF SEPTEMBER, 2022

                MISC. CRIMINAL CASE No. 41617 of 2022

        BETWEEN:-
        BANTU @ DHARMENDRA GURJAR S/O SHRI
        JANDEL SINGH GURJAR, AGED 30 YEARS,
        OCCUPATION: KHETI, R/O ADARSH NAGAR
        PINTO PARK GWALIOR (MADHYA PRADESH)

                                                                .....APPLICANT
        (BY SHRI RAVI DWIVEDI - ADVOCATE)

        AND
        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION SIROL, DISTRICT GWALIOR
        (MADHYA PRADESH)

                                                      .....RESPONDENT/STATE
        (BY SHRI B.P.S. CHAUHAN - PUBLIC PROSECUTOR )

      This application coming on for Hearing this day, the court passed the
following:
                                   ORDER

At the outset, counsel for State referred the compliance report dated 27.09.2022 prepared as per the directions dated 15.09.2022 given by this Court. Compliance report is duly supported by an affidavit of CSP, Police Station Vishwavidyalaya, Gwalior.

I t is the submission of learned Dy. Advocate General for respondent/State that as per the direction given by this Court on 15.09.2022 regarding creation of "WhatsApp Group" of different crime numbers in which complainant, I.O., Police Munshi, Public Prosecutor and other relevant stakeholders were to be added, the said concept is kick started from the present 2 crime number itself (Crime No. 190 of 2021), wherein WhatsApp Group containing Investigating Officer, Assistant District Prosecution Officer, complainant, other witnesses and Police Munshi have been added. Now, the system would be monitored by officers and due amendments shall be carried out for betterment of the system as and when required.

This court reiterates that thoughts/points raised in the order dated 15.09.2022 and precautions as referred therein shall be carried out by police officers.

For the ready reference the suggestions as referred in order dated 15.09.2022 are reproduced as under:-

(i) Every Police Station, specially Investigating Officer can think of creating a "WhatsApp Group" consisting of himself (as an Admin) alongwith complainant and other material prosecution witnesses, Public Prosecutor and Court Munshi (usually a senior Police Constable) and other relevant persons / agency as members of that WhatsApp Group and it would be the duty of the Investigating Officer to coordinate with all those members and update them with the pace of trial and requirement of witnesses on a particular day.

(ii) This would facilitate the work of prosecution department of a District (under District Prosecution Officer) and it would save the prosecution witnesses specially the complainant from the wrath and intimidation of accused persons because in that condition complainant/witnesses may immediately contact the Investigating Officer and brief him about their plight. Not only this, a disconnect or lack of communication which prevails at present between the complainant, Police and prosecution would also be bridged.

(iii) Incidentally, Police Officer (Investigating Officer) investigates the matter and files charge-sheet before the competent Court and case is tried by Public Prosecutor on behalf of State (under DG, Prosecution), but both the parties do not share synergy and regular connect, therefore, both the Agencies are at times oblivious and ignorant about the work done by each other. This may be also one of the reasons for lower rate of conviction and frequent rate of witnesses turning hostile. Disconnect between the Complainant, Police and Prosecution deserves to be addressed by connecting them through technology and when we are living in the era of technology driven world and are at the cusp of fourth Industrial Revolution, then new concepts and methodology are to be deviced with the aid of technology and its tools. Formation of WhatsApp Groups would consist of complainant (including prosecution witnesses), Investigating Officer, Public Prosecutor ( in which the DPO can be necessarily added), Police Munshi and even any other expert like Doctor or Scientist, who is an important witness in the case can be added so that flow of information and other necessary details can be carried out.

(iv) It is made clear that the Authorities mentioned by this Court are not exhaustive in nature. Police Officer and Admin may add some more Agencies or persons like doctors/experts/Forensic Scientist etc. as per the requirement and has to adopt a flexible approach in this regard.

(v) This concept has one more positive aspect and i.e. Assurance to the Complainant and Prosecution Witnesses that they are being taken care of by the State and not left in the lurch and this would instill concept of confidence and sense of well being in them and they would be 4 forthcoming in their disposition to make statements before the trial Court at the earliest point of time and without being deterred by the circumstances or the accused.This would further the cause of Witness Protection Scheme as desired by the Apex Court.

(vi) This would not be out of place to mention that similar concept has been suggested in the Juvenile Justice Committee Meeting, held at Bhopal on 23rd July, 2022 in which concept of Shaurya Didi discussed and vide resolution dated 1/9/2022 concept of Shaurya Didi ( 'kkSs;kZ nhnh) is being implemented for Child in Conflict with Law (CICL) or Child in need of Care and Protection (under Juvenile Justice Act). Similar concept can be implemented in State of Madhya Pradesh and at least on pilot basis in some of the Police Stations at Gwalior.

(vii) What would be the correct Stage of creation of WhatsApp Group of members referred above as well as the question whether those complainants can also be added who themselves have tainted criminal background are also some of the questions which require to be addressed beside other ones. Therefore, police Authorities viz. Director General of Police and Inspector General of Police, Gwalior and Chambal Range are expected to give suggestions in this regard for effective implementation of this concept which can be incorporated for betterment of Rule of Law and Administration of Justice.

(viii) It is made clear that creation of such Groups would not entitle the complainant to disturb the Police Authorities and Prosecutors as per their whims and fancies. False and frivolous complaints from complainant side can be viewed and treated seriously.

Considering the submissions, it appears that after creation of WhatsApp Group pace of process of summons to witnesses to advance information to prosecution witnesses about their appearance before trial Court and in case of a n y threat and intimidation due reporting to Investigating Officers would definitely raise the level of prosecution and resultantly, the conviction rate of police/prosecution.

Regarding facts of the instant case it appears that applicant has filed this fo urth bail application u/S.439 Cr.P.C for grant of bail. His third bail application was dismissed as withdrawn vide order dated 02.08.2022 in M.Cr.C. No.34124 of 2022.

Applicant has been arrested on 15/03/2022, by Police Station- Sirol, District Gwalior (M.P.), in connection with Crime No.190 of 2021, for the offence punishable under Sections 323, 294, 506, 336, 452 and 34 of IPC and Sec. 25, 27 of Arms Act.

Learned counsel for the applicant prays for bail on the ground that applicant is suffering confinement since 15/03/2022. Material prosecution witnesses including complainant have been examined before the trial Court, therefore chance of tampering with evidence / witness is remote. It is further submitted that except offence under Section 452 of IPC, all are bailable in nature. Because of tainted criminal background, he suffered such period of incarceration. Confinement amounts to pretrial detention. Applicant undertakes to cooperate in trial as well as investigation and would himself available as and when required. He would not be a source of embarrassment or harassment to the complainant party in any manner and would not move in their vicinity of complainant party. Under these grounds, he prayed for bail.

Learned counsel for the State opposed the prayer. Heard learned counsel for the parties at length and perused the documents appended.

Considering the above submissions advanced by the learned counsel for the parties and the period of custody but without commenting on the merits of the case, the application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court.

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 them 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;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7. The applicant shall not be a source of embarrassment and harassment to the complainant party in any manner and shall not move in their vicinity.

8. The applicant shall appear before the concerned police Station once in every fifteen days between 10.30 am to 1.30 pm to mark his presence till conclusion of trial.

Considering the compliance report and the experiment which has been started at the level of Gwalior and Chambal Police Zone regarding creating of WhatsApp Group of crime numbers of heinous nature shall continue so as to meet the local and particular requirement of the case and thereafter, police officers shall be at liberty to amend and/or to add special features in this concept for betterment of Administration of Justice and Rule of law.

A copy of this order be sent to the D.G. Police, D.G. Prosecution and Advocate General for information and for sensitization of the concept and for suggestions for betterment of the concept. They are at liberty to make any suggestion if they wish to do so for betterment of this concept in writing to the Office of this Court and Office shall place the said suggestions as PUD under the caption "Direction", whenever, if such suggestions are received.

Application stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for compliance and information.

Certified copy as per rules.

(ANAND PATHAK) JUDGE (LJ*) RASHID KHAN 2022.10.02 12:06:28 +05'30'