Madhya Pradesh High Court
Sita Bai Dodiya vs State Of M.P. on 16 March, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-274-2021
The High Court Of Madhya Pradesh
MCRC-274-2021
(SITA BAI DODIYA Vs STATE OF M.P.)
4
Indore, Dated : 16-03-2021
Shri R.K. Swarnkar, learned counsel for the applicant.
Shri Prakhar Karpe, learned Panel lawyer for the respondent-State.
This is first bail application under Section 438 of Cr.P.C for grant of anticipatory bail. Applicant; a lady aged about 54 years apprehends her arrest in connection with Crime No.138/2020 registered at Police Station, Panwasa, District-Ujjain for the offence punishable under Section 420 of IPC and Section 292 (c) of M.P. Nagar Palik Nigam Adhiniyam, 1956.
As per prosecution story, over an agricultural land falling in survey No.189/4/2/3 rakwa 0941 hectare situated in village Panwasa, District-Ujjain of which present applicant stated to be the owner was divided into 427 small plots by co-accused Omprakash on the strength of power of attorney executed by the applicant during the period from 17/02/2017 to 07/10/2020 and the said plots were transferred to various persons. The aforesaid division of plots has been done without sanction of lay out by the Town and Country Planning Department and illegal houses have been constructed on various plots without obtaining building permission from the Municipal Corporation, Ujjain. In the aforesaid factual backdrop on a complaint an FIR has been registered at Crime No.138/2020 under Section 420 of IPC and Section 292(c) of M.P. Nagar Palik Nigam Adhiniyam, 1956.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the case. In good faith, applicant has executed power of attorney in favour of co-accused Om Prakash, however, no sooner did she came to know about the illegal transaction of sale of plots, she has cancelled the power of attorney on 29/11/2017. Applicant has no criminal antecedents. If the applicant is arrested she shall suffer social stigma and also mental torture for no fault on her part. That apart, now at the 2 MCRC-274-2021 distance of time of five years, she has been castigated by way of implication in the instant case. Hence, it is prayed that applicant be protected against arrest.
Per contra, learned counsel for the respondent-State opposes the application with the submission that applicant was also a party to the crime alongwith co-accused Omparakash while executing agreements to sale in favour of buyers of the aforesaid plots. Hence, complacency of the applicant is writ large. It is not a case of no evidence. Hence, no interference is warranted in the case of protection of arrest against the applicant.
At this stage, learned counsel for the applicant submits that main- accused Omprakash has been enlarged on regular bail by the trial Court vide order dated 15/01/2021. Applicant shall abide by all such terms and conditions, this Court deems fit in the event applicant is protected against arrest in the obtaining facts and circumstances/ subsequent developments.
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, the applicant is prepared to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) in favour of Jila Bal Sarakshan Samiti, Ujjain (State Bank of India Account No.31858107754, IFSC Code SBIN0001309) 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 ashrams or orphans living in orphanage in the city of Ujjain 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.
Considering the rival contentions advanced by counsel for the parties, but without commenting on the merits of the case, regard being had to the fact that power of attorney allegedly was executed by applicant in favour of main accused Omprakash was cancelled way back on 29/10/2017, though 3 MCRC-274-2021 complacency of the applicant cannot be ruled out, but her bonafide action in that behalf cannot be doubted. That apart, applicant is the bonafide resident of village Panwasa District-Ujjain and there is no likelihood of her absconding, being a lady aged about 54 years she is held entitled for protection against arrest.
Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid crime number, she shall be released on bail on furnishing personal bonds in the sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with one surety in the like amount to the satisfaction of the arresting officer. He shall further abide by other conditions enumerated in sub section (2) of Section 438 of Cr.P.C with further following conditions:-
(i) the applicant shall prepare a demand draft for Rs.50,000/-
(Rupees Fifty Thousand only) in favour of Jila Bal Sarakshan Samiti, Ujjain (State Bank of India Account No.31858107754, IFSC Code SBIN0001309) to be utilized for the purpo s e 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 in the city of Ujjain 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.
(ii) (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.
(ii)(c) the Registry is directed to accept the original demand draft 4 MCRC-274-2021 without mentioning the account number therein. However, ensure that the same is in relation to the present case.
(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Ujjain is also directed to maintain a separate account (for production of the record as and when directed for).
(iv) the applicant shall mark her attendance before the concerned police station on 2nd Saturday of every month between 10:00 a.m. to 12:00 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 time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(vi) violation of any of the above conditions shall entail the complainant to approach this Court seeking cancellation of bail.
(vii) 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.
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.
Observation on facts are only for the purpose of deciding the instant bail application and shall have no bearing on the pending trial, in any manner, whatsoever.
E-certified copy as per rules.
(ROHIT ARYA)
JUDGE
vc
VARSHA Digitally signed by VARSHA CHATURVEDI
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PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
CHATURVE GWALIOR, postalCode=474011,
st=Madhya Pradesh,
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e67d11d7f91045d81139f6792fbd4ae91f,
cn=VARSHA CHATURVEDI
Date: 2021.03.17 10:27:30 +05'30'