Madhya Pradesh High Court
Sheelendra Singh Patel vs The State Of Madhya Pradesh on 28 October, 2021
Author: Vishal Mishra
Bench: Vishal Mishra
1 MCRC-51551-2021
The High Court Of Madhya Pradesh
MCRC-51551-2021
(SHEELENDRA SINGH PATEL Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 28-10-2021
Shri P.K Pandey, Advocate for the applicant.
Shri Harsh Gupta, Panel Lawyer for the respondent/State.
This is second bail application under Section 439 Cr.P.C., filed by the applicant for grant of bail.
Earlier bail application was dismissed as withdrawn on 05/10/2021 passed in M.Cr.C 43897/2021 with a liberty to repeat the same after filing of charge sheet.
Applicant has been arrested by Police Station Kolganwa, District Satna (M.P.) in connection with Crime No.989/2021 registered in relation to the offence punishable under Sections 420 of IPC.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated. He has not committed any offence in any manner. It is argued that the charge sheet has been filed. The allegation against the present applicant is that he has not providing the original mark-sheet to the complainant. He is in custody since 22.08.2021. He is a first offender. The applicant is ready to abide with all the terms and conditions as may be imposed by this court while considering this bail application.
Per contra, Counsel for the State has opposed the bail application and stating that there are specific allegations against the present applicant of running the college in an illegal manner. However, he could not disputed the factum of filing the charge sheet and the applicant is the first offender. Therefore, he prayed for rejection of the bail application.
Considering the overall facts and circumstances of the case and looking to present scenario of COVID-19 pandemic, there is no further requirement of custodial interrogation of the present applicant coupled with Signature Not Verified SAN the fact that the applicant is the first offender subject to verification of the Digitally signed by PRARTHANA SURYAVANSHI Date: 2021.10.29 10:57:02 IST 2 MCRC-51551-2021 aforesaid fact, this Court deems it appropriate to allow the bail application. Accordingly, the application is allowed.
The applicant Sheelendra Singh Patel is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written undertaking and he shall 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 she will have to install Arogya Setu App, if not already installed.
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 her;
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 cases 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 stand automatically cancelled.
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. As the applicant has gracefully volunteered to render his services Signature Not Verified SAN Digitally signed by PRARTHANA SURYAVANSHI Date: 2021.10.29 10:57:02 IST
3 MCRC-51551-2021 towards helping the needy during this Covid-19 pandemic, he is directed to get himself registered as a Covid Warrior before Collector Morena, and render his services at the District Hospital, Morena under the Supervision of the Superintendent of the Hospital for a period of three months from the date of his release. In case of involvement of the applicant in any other offence, this order shall automatically stand rejected.
8. The applicant will inform the concerned S.H.O. of concerned Police Station about her 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. In view of the COVID-
19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that she is having the symptoms of COVID-19, then consequential followup 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 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 Prar Signature Not Verified SAN Digitally signed by PRARTHANA SURYAVANSHI Date: 2021.10.29 10:57:02 IST