Madhya Pradesh High Court
Santosh Shrikhar vs The State Of Madhya Pradesh on 26 July, 2021
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
MCRC No.36160/2021
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Miscellaneous Criminal Case No.36160/2021
(Santosh Shrikhar s/o Motilal Shrikhar
Versus
The State of Madhya Pradesh)
Indore, Dated 26.07.2021
Hearing through Video Conferencing.
Shri Vikas Rathi, learned counsel for the applicant.
Shri Arjun Pathak, learned Panel Lawyer for the respondent /
State of Madhya Pradesh.
They are heard. Perused the case diary / challan papers. This is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the present applicant is apprehending his / her arrest in connection with Crime No.161/2021 registered at Police Station Rajod, District Dhar (MP) for offence punishable under Sections 294, 323, 326 and 506 read with Section 34 of the Indian Penal Code, 1860.
The allegation against the applicant is that he was also involved in the aforesaid offence wherein one Santosh s/o Gomalal Maru has suffered grievous hurt.
Counsel for the applicant has submitted that the applicant is a Homeopathic Doctor having done his Degree in Homeopath Medical Science (DHMS) from Devi Ahilya Vishwavidyalaya, Indore, documents regarding which have also been placed on record; and had also worked in Dhar Quarantine Centre in respect of COVID-19 2 MCRC No.36160/2021 Pandemic.
Counsel has further submitted that the incident has taken place on the spur of the moment, owing to a boundary dispute between the parties, as admittedly, just prior to the incident, the measurement was being carried out by the Government Officer.
Counsel has further submitted that no specific injury is attributed to the present applicant and the allegation, that he caused injury by stick to one Rahul is also unfounded, as there is no MLC available on record to suggest that Rahul has suffered any injury. Thus, it is submitted that if the applicant is arrested, irreparable damage shall be caused to his reputation as a Doctor; and his anticipatory bail, in such circumstances, is necessary.
Counsel has further submitted that the applicant is ready to cooperate with the Investigating Officer of the case.
Thus, it is submitted that the applicant, if arrested in the present matter, it would bring extreme hardship not only to him but also to his family members.
Counsel has further submitted that the applicant is ready to abide by all the conditions, as may be imposed by this Court. Thus, it is submitted that the applicant be released on anticipatory bail.
Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for grant of bail is made out. However, it is not denied that no specific injury is 3 MCRC No.36160/2021 attributable to the present applicant in the case diary; and the main allegation is against Trilokchand Maru.
On due consideration of the rival submissions and on perusal of the case diary as also taking note of the fact that no specific injury is attributable to the present applicant and that the applicant is a doctor by profession as also the fact that he has served during COVID-19 Pandemic, in view of the aforesaid facts and circumstances of the case, in the considered opinion of this Court, the custodial interrogation of the applicant is not necessary.
Accordingly, this application is allowed. It is directed that in the event of arrest, applicant Santosh Shrikhar s/o Motilal Shrikhar shall be released on bail, upon his / her executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).
The applicant shall make himself / herself available for interrogation by a Police Officer, as and when required. He / she shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.
It is also observed that after his / her release on bail, if the applicant is found in any criminal activities, the present bail order shall stand automatically cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in 4 MCRC No.36160/2021 the present case also.
Accordingly, Miscellaneous Criminal Case No.36160/2021 stands allowed.
Certified copy as per rules.
(Subodh Abhyankar) Judge Pithawe RC RAMESH CHANDRA PITHWE 2021.07.26 18:18:17 +05'30'