Madhya Pradesh High Court
Deepak Pastor vs The State Of Madhya Pradesh on 28 June, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCRC No.31215/2021
Deepak Pastor & Anr. vs. State of M.P.
Through Video Conferencing
Gwalior, Dated : 28.06.2021
Shri Deependra Singh Kushwah, Counsel for the applicants.
Shri Lokendra Shrivastava, Public Prosecutor for the
respondent/State.
Shri R.K. Soni, Counsel for the complainant.
Case diary is available.
This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.
The applicants apprehend their arrest in connection with Crime No.254/2021 registered at Police Station Bahodapur, District Gwalior for offence under Section 408 of I.P.C.
It is submitted by the Counsel for the applicants that the applicants are the ex-employees of the complainant. When the applicants demanded their outstanding salaries, then they have been falsely implicated. The allegation that by reducing the amount in various builty, the applicants have embezzled an amount of Rs.20 Lacs is false. The applicants are ready and willing to co-operate in the investigation. The Trial is likely to take sufficiently long time. This Court by orders dated 30.4.2021, 13.5.2021, 10.6.2021 passed in M.Cr.C.No.19836/2021, M.Cr.C. No.23053/2021 and M.Cr.C. No.28092/2021 has granted bail to the co-accused Pankaj Sharma, 2 THE HIGH COURT OF MADHYA PRADESH MCRC No.31215/2021 Deepak Pastor & Anr. vs. State of M.P. Ashok Pateria and Shivam Pateriya respectively.
Per contra, the application is vehemently opposed by the Counsel for the State as well as the counsel for the complainant. It is submitted by the counsel for the complainant that as per the FIR, manipulation were done in approximately 100-200 builties, but it was fairly conceded that the complainant has provided copies of only six builties showing minor manipulation in the same. It is fairly conceded that if those six builties are considered, then the entire manipulation would not exceed Rs.1,000/-.
Considered the submissions made by the Counsel for the parties through video conferencing.
The Supreme Court by order dated 23-3-2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed all the States to constitute a High Powered 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 3 THE HIGH COURT OF MADHYA PRADESH MCRC No.31215/2021 Deepak Pastor & Anr. vs. State of M.P. 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 instance, the State/Union Territory could consider the release of prisoners who have been convicted or are undertrial 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."
Considering the allegations, as well as considering the fact the deteriorating situation in view of second wave of Covid19 pandemic, and without commenting on the merits of the case, it is directed that if the applicants appear before the Investigating officer on or before 05/07/2021 and furnishes their personal bond in the sum of Rs. 1,00,000/- (Rs. One Lac) each to the satisfaction of the investigating officer, then they shall be released on bail. The applicants shall also furnish an undertaking that they shall follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration (General or Specific) from time to time for combating Covid19.
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THE HIGH COURT OF MADHYA PRADESH MCRC No.31215/2021 Deepak Pastor & Anr. vs. State of M.P. The other conditions of Section 438 Cr.P.C. shall remain the same.
This order shall remain in force, till the conclusion of Trial. In case of bail jump, or violation of any of the condition(s) mentioned above, this order shall automatically lose its effect.
In case, if the applicants fail to appear before the investigating officer on the specified date, then this order shall lose its effect.
With aforesaid observations, this application is allowed.
(G.S. Ahluwalia)
(alok) Judge
ALOK KUMAR
2021.06.29 09:51:38 +05'30'