Dr. Nitin Baghela vs The State Of Madhya Pradesh
2021 Latest Caselaw 4221 MP

                                                                        1                           MCRC-9769-2021
                                           The High Court Of Madhya Pradesh
                                                     MCRC-9769-2021
                                                   (DR. NITIN BAGHELA Vs THE STATE OF MADHYA PRADESH)


                                   Indore, Dated : 12-08-2021
                                         Shri A.S. Garg, learned Sr. Advocate with Shri Raghvendra S. Bais,

                                   learned counsel for the applicant.
                                         Shri Amit S. Sisodia, learned Govt. Advocate for the respondent/State.

Heard through Video Conferencing.

This is the fifth repeat bail application under Section 439 of Cr.P.C.,

for grant of bail filed on behalf of the applicant. His earlier applications were dismissed as withdrawn by orders dated 02.08.2019, 16.12.2019, 16.06.2020 and 08.09.2020 passed in M.Cr.C. No. 31488/2019, M.Cr.C. 45449/2019, M.Cr.C. No. 16958/2020 and M.Cr.C. No. 29543/2020. The applicant is in custody since 06.07.20219 in connection with crime No. 337/2019 registered at Police Station Bag, District- Dhar for the offence punishable under sections 420, 467, 468, 471, 193 and 120-B of IPC.

As per prosecution story, one Ajay Vyas styling himself as a Journalist lodged a complaint inter-alia alleging that present applicant alongwith one

Mahesh, Lalit Prakash and Manoj with a common intention have committed forgery for the purpose of cheating in the matter of procurement of insurance policy in the name of Kanha - father of the co-accused Mahesh (died on 22.01.2019), as if he was alive with an ill-intention of making death claim from insurance companies. It is alleged that applicant has prepared false postmortem and MLC report as if he has done postmortem of the dead body of Kanhaji on 28.03.2019 whereas Kanhaji is said to have died on 22.01.2019 and also prepared MLC reports in respect of other co-accused persons. Accordingly, case has been registered against the applicant. Investigation is complete. Challan has been filed.

Learned counsel for the applicant contends that it is a case of false implication. He presses the application primarily on the ground of long jail Signature Not Verified SAN incarceration and refers to the judgment of Hon'ble Apex Court reported in Digitally signed by SEHAR HASEEN Date: 2021.08.13 11:52:53 IST 2 MCRC-9769-2021 AIR 1984 SC 372[Bhagirath Sinh Vs. State of Gujarat], 1999(2) MPLJ 663[Mohan Raikwar Vs. State of Madhya Pradesh] and AIR 2021 SC 2614[Sudhir Kumar Kad Vs. Central Bureau of Investigation(CBI)] to bolster his submissions. He further submits that no claim, whatsoever, has been made against the alleged polices and no payment has been received.

Applicant is in custody since 06.07.2019 and more than two years have passed by. Investigation is complete and chargsheet has been filed. Applicant is no more required for custodial investigation. There is no further collection of material during investigation after arrest of applicant, as is well evident from perusal of chargsheet filed in the Court below. Besides, the complainant during trial has turned hostile and belied the story of prosecution and co- accused Laxman, Prakash, Lalit, Jeevanlal and Manoj have already been enlarged on bail by orders dated 09.02.2021, 03.08.2021 and 10.08.2021 passed in M.Cr.C. No. 27667/2020, M.Cr.C. No. 33670/2020, M.Cr.C. No. 8956/2021, M.Cr.C. No. 28936/2021 and M.Cr.C. No. 47553/2020. Moreso, due to Covid- 19, the Court proceedings are paralyzed and regular proceedings are not taking place as a result possibility of undue and prolonged delay of trial cannot be ruled out. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.

P e r contra, Shri Sisodia, learned Govt. Advocate on instructions submits that this case has a chequered history. It is a case of deep rooted conspiracy where even doctors and police officials are directly involved. It is submitted that entire pandora box of mis-deeds of applicant and other co- accused persons opened when the case was investigated and on a complaint of Mahesh registered at Crime Case No. 112/2019 at the same police station u/S 279, 337, 304, 39 and 192 IPC wherein a false FIR was lodged that a Bolero Vehicle bearing registration no. MP 11 CC 5993 had met with an accident where the complainant and others had suffered injuries and the

Signature Not Verified SAN deceased Kanha was shown to have died and the date of incident was said to

Digitally signed by SEHAR HASEEN Date: 2021.08.13 11:52:53 IST 3 MCRC-9769-2021 be 08.03.2019. On further investigation, it is revealed that as many as 12 vehicles have been purchased by them in the name of deceased Kanha on raising loan from banks and insurance cover were also obtained from insurance companies for obvious reasons of cheating and undue enrichment. Moreso, applicant's case is different from co-accused who have been enlarged on bail, particularly for the reason that applicant despite being a medical Doctor has not only indulged in unethical activity, but also committed forgery having prepared false postmortem report in connivance with co- accused Mahesh, Prakash and others with nefarious goals to achieve collateral purpose of unjust enrichment by indulging into activities of forging documents with common intention of cheating with the insurance company

and banks in the name of dead person Kanha on the premise of alleged accident which has never occurred. As such, complicity of the applicant is writ large. Hence, applicant does not deserve to be enlarged on bail.

A t this stage, on instructions learned Sr. counsel for the applicant submits that applicant has done introspection and looking to grave critical, social and economic condition of poor persons living in old age homes, vidhwa ashrams volunteers to deposit an amount of Rs.1,00,000/- (Rupees one lakh only), in the office of Collector Distt. Dhar to be utilized for providing clothing, food and other essential amenities required for the old age persons, vidhwas, orphans living in orphanages including physically challenged persons etc.The aforesaid deposit of amount shall not influence the pending trial but is only, for enlargement of the applicant on bail.

This Court appreciates the gesture shown by learned counsel for the applicant.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon the rival contentions touching merits of the case, but regard being had to the fact that applicant is in custody since 06.07.2019 and about one year and seven months period has passed b y, investigation is complete and chargsheet has been filed, he is no more required for further Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.08.13 11:52:53 IST 4 MCRC-9769-2021 custodial investigation and co-accused Laxman, Prakash, Lalit, Jeevanlal and Manoj (supra) have been enlarged on bail. Due to Covid-19 pandemic, the possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Cr.P.C., is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.5,00,000/- (Rupees five lakhs only) with one solvent surety in the like amount to the satisfaction of the trial Court, on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437(3) of Cr.P.C., with following further conditions:

(i) the applicant shall prepare a demand draft for Rs.1,00,000/- (Rupees one lakh only), of any Nationalized Bank in favour of Collector, Distt. Dhar for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams and orphans living in orphanages in the city of Dhar in dire need of such amenities/facilities. The amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicant.

(ii) (a) the applicant shall submit the original demand drafts alongwith copy of the order passed today through his counsel before the Principal Registrar of this Bench, for keeping the same in his safe custody.

(ii) (b) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.

(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in relation to the present case.

(iii) the said authority is at its discretion to utilize the amount so Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.08.13 11:52:53 IST 5 MCRC-9769-2021 deposited as and where it is required upon verification. The Collector, Dhar is also directed to maintain a separate account (for production of the record as and when directed for).

(iv) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.

(v) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(vi) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order.

(vii) In the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail granted to the applicant.

(viii) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases of misuse the bail granted by this

Court, this bail order shall stand cancelled automatically.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police station for information and necessary action.

The observations on facts is only for the purpose of deciding the bail application and shall have no bearing on merits of the pending trial.

Registry is directed to send an e-copy of this order to the the Court Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.08.13 11:52:53 IST 6 MCRC-9769-2021 concerned for necessary compliance.

E-certified copy as per rules.

(ROHIT ARYA) JUDGE

sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.08.13 11:52:53 IST