Madhya Pradesh High Court
Abhishek Parmar vs The State Of Madhya Pradesh on 25 June, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
MCRC.16046.2020.
(Abhishek Parmar Vs. State of M.P. )
GWALIOR; dated 25.06.2020.
Smt. Sangeeta Pachauri, learned counsel, for the applicant.
Shri Sumit Mishra, learned Panel Lawyer, for the respondent
/State.
Shri V.D.Sharma, learned counsel for the complainant. Heard on I.A. No.4681 of 2020 an application under Section 301 (2) of Cr.P.C for assisting PL in the matter.
For the reasons mentioned therein, the application is allowed and Shri V.D.Sharma, Advocate is permitted to assist PL in the matter.
This is third bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first application M.Cr.C.no.42446 of 2019 was dismissed as withdrawn on 4.10.2019 with liberty to repeat after conclusion of investigation and second application M.Cr.C.no.702 of 2020 was dismissed as withdrawn on 10.1.2020.
In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.
Applicant is arrested by Police Station Maharajpura district Gwalior M.P, in connection with Crime No.459 of 2019 registered in 2 THE HIGH COURT OF MADHYA PRADESH MCRC.16046.2020.
(Abhishek Parmar Vs. State of M.P. ) relation to the offence punishable u/S.420, 467, 468, 471 and 120B of IPC.
It is submitted by counsel for the applicant that in the entire fraud played while executing a sale deed in favour of complainant, the applicant stood as a witness to the said sale deed. She fairly submits that she has not filed any application u/S 438 Crpc on behalf of the mother due to her health condition, but she undertakes that she will move an application under Section 438 of Cr.P.C before the trial court within seven working days from today. The applicant is ready to abide with all the conditions which may be imposed by this court while considering this application for bail and also ready to furnish bank surety for safeguarding the interest of complainant. Investigation in the matter is over and the charge sheet has been filed, therefore, there is no further requirement of custodial interrogation of the applicant. The applicant has shown his willingness to serve the national cause by making contribution of Rs.20,000/- in PM Care Fund and install Arogya Setu App.
Learned Panel Lawyer appearing for the State and counsel for the complainant have opposed the application stating that the applicant had played main role in playing forgery with the complainant. It is further submitted that within a period of four months from executing the sale deed of the plot in dispute in favour of complainant, the plot has been sold by executing a sale deed in favour of one Nisha by hatching 3 THE HIGH COURT OF MADHYA PRADESH MCRC.16046.2020.
(Abhishek Parmar Vs. State of M.P. ) conspiracy by the applicant with his mother and others. But they fairly submit that investigation is over and the charge sheet has been filed, therefore, there is no further requirement of custodial interrogation of the applicant. They further submit that if the applicant is ready to furnish bank surety safeguarding the interest of complainant, then only, bail application of the applicant can be considered.
Considering the facts and circumstances of the case and the fact that investigation in the matter is over and the charge sheet has been filed and the applicant is ready to furnish adequate bank security for safeguarding the interest of complainant and alarming situation of Novel Corona Virus (COVID-19), this Court deems it appropriate to allow this application for grant of bail taking into consideration the directions issued by the Hon'ble Supreme Court in the case of IN RE :
CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020 and directions have been issued to all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the prisons. The Supreme Court has observed as under :-
"The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID - 19). Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For 4 THE HIGH COURT OF MADHYA PRADESH MCRC.16046.2020.
(Abhishek Parmar Vs. State of M.P. ) instance, the State/Union Territory could consider the release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum. It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate."
Accordingly, this application is allowed. The applicant is directed to be released on bail on furnishing a bank security of Rs.10,00,000/- (ten lac only) with surety bond of Rs.1,00,000/- (Rs. One lac Only) with two solvent sureties in the like amount to the satisfaction of trial Court and further condition that the application for grant of anticipatory bail is moved on behalf of mother of the applicant before the trial court within seven working days from today. The applicant shall deposit Rs.20,000/- in PM CARES Fund having Account Number :
2121PM20202, IFSC Code: SBIN0000691, SWIFT Code :
SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch within seven working days from the date of release. The applicant shall submit written undertaking that he will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed.
This order will remain operative subject to compliance of the 5 THE HIGH COURT OF MADHYA PRADESH MCRC.16046.2020.
(Abhishek Parmar Vs. State of M.P. ) 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 shall not involve any other offence, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.
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 mark his attendance before the concerned police station in the first week of every month, till conclusion of investigation (pending if any) and if charge sheet is being filed, he will mark his presence as per the directions issued by the concerning trial court; and
8.The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police, concerned who shall inform the concerned SHO regarding the same.
Application stands allowed and stands disposed of. Applicant shall install Arogya Setu App in his mobile immediately and would intimate his place of residence to the SHO of concerned Police Station; where he resides. Applicant further submit the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic.
In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be 6 THE HIGH COURT OF MADHYA PRADESH MCRC.16046.2020.
(Abhishek Parmar Vs. State of M.P. ) undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.
E- copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.
CC as per rules.
(Vishal Mishra) Judge Rks.
RAM KUMAR SHARMA 2020.06.25 16:20:12 +05'30'