Charan Singh vs The State Of Madhya Pradesh on 29 November, 2019

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Madhya Pradesh High Court

Charan Singh vs The State Of Madhya Pradesh on 29 November, 2019

The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 12-11-2019, in connection with Crime No.328/2019, registered at Police Station Umari, District Bhind for the offence punishable under Sections 420, 465, 467, 468, 471 and 34 of IPC.

It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 12-11-2019. Very strangely after receiving full consideration and sale deed executed before the office of Registrar (Registration), Bhind, false case has been registered because of ill motive of complainant party to get extra money. Matter pertains to documentary evidence, therefore chance of tampering with witness and evidence is remote. Confinement since 12-11-2019 amounts to pretrial detention. He undertakes to cooperate in investigation and trial and to appear before the investigating officer and trial court as and when required and further undertakes that he would not be a source of harassment and embarrassment to the complainant party in any manner and would not move in the vicinity of complainant and intends THE HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No.49334/2019 to do some community service. Thus, prayed for bail.

Learned Public Prosecutor for the State and counsel for the complainant opposed the prayer and prayed for dismissal of this application.

Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only), with two solvent sureties of the like amount to the satisfaction of Trial Court concerned.

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 him from disclosing such facts to the Court or to the Police Officer, as the case may be.

4. The applicant will not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial; and

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

7. Applicant shall mark his appearance on every Monday before the concerned Police Station between 10 am THE HIGH COURT OF MADHYA PRADESH 3 M.Cr.C. No.49334/2019 to 2 pm till filing of charge-sheet.

8. As per the undertaking of the counsel on behalf of the applicant for social/community work, the applicant is directed to visit Community Health Center, Umari District Bhind in Outdoor Patient Department (OPD) and serve the patients on every Tuesday and Wednesday between 09:00 am to 1 pm from the month of December, 2019 till November, 2020 so that he may learn the lesson to believe in peaceful co-existence in the society and become a better citizen. Chief Medical Health Officer (CMHO), Bhind/Hospital Superintendent, Community Health Center, Umari District Bhind as the case may be, shall permit the applicant to work in the Outdoor Patient Department only while assisting the ward boys and male nurses to serve the patients. He would not be allowed to move in the Wards and ICU etc. CMHO, Bhind/ Hospital Superintendent, Community Health Center, Umari District Bhind shall use the service of applicant in maintaining cleanliness in the building and serving the patients and doing work like First Aid etc., so that applicant may inculcate some basic knowledge of First Aid or Emergency Care of patients which may be helpful for unforeseen exigencies or natural calamities wherein applicant may be helpful as a volunteer.

A copy of this order be sent to CMHO, Bhind/Hospital Superintendent, Community Health Center, Umari District Bhind for information and ensuring compliance of this order. CMHO, Bhind/ Hospital Superintendent, Community Health Center, Umari District Bhind may inform the Registry of this Court, if any default is made by THE HIGH COURT OF MADHYA PRADESH 4 M.Cr.C. No.49334/2019 the applicant. Even otherwise, CMHO/Hospital Superintendent as the case may be may submit a report about the work done by the applicant after completion of his stint with community service in every two months. The report may be submitted in February, 2020. On the other hand, applicant shall also have to submit a report about his experience of community service before this Court, which shall be placed before this Court under the caption "Direction".

This direction is made by this Court as a test case to address the Anatomy of Violence and Evil by process of Creation and a step towards Alignment with Nature. The natural instinct of compassion, service, love and mercy needs to be rekindled for human existence as they are innately engrained attributes of human existence.

Copy of this order be sent to the District Judge, Bhind, CMHO, Bhind/Hospital Superintendent, Community Health Center, Umari district Bhind and the concerned trial Court for information and necessary compliance.

Certified copy as per rules.



                                                            (Anand Pathak)
                                                               Judge
Anil*       ANIL KUMAR
            CHAURASIYA
            2019.11.29
            14:26:13 -08'00'

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Madhya Pradesh High Court