[email protected] Bhawani vs The State Of Madhyapradesh
2021 Latest Caselaw 4651 MP

                                   1                     Mcrc.41397.2021

               THE HIGH COURT OF MADHYA PRADESH
                           Mcrc.41397.2021
                   (Kari @ Bhawani Vs. State of M.P.)

Gwalior dated : 25/08/2021

      Shri A.K. Sharma, learned counsel for applicant.

      Smt. Kalpana Parmar, learned Panel Lawyer for respondent/State.

Learned counsel for rival parties are heard.

Case diary is perused.

The applicant has filed this second repeat application u/S.439 Cr.P.C.

for grant of bail after rejection of earlier one on merits vide order dated

28/05/2021 passed in M.Cr.C.No.25145/2021 with liberty to come again

after suffering some further reasonable period of custody of if the trial gets

further delayed.

The applicant has been arrested on 05/02/2021 by Police Station-

Indergad, District-Datia (M.P.), in connection with Crime No.32/2021

registered in relation to the offences punishable u/Ss.307, 34, 353, 130B of

IPC and u/S.25, 27 of Arms Act.

Learned counsel for State opposed the application and prayed for its

rejection by contending that on the basis of the allegations and the material

available on record, no case for grant of bail is made out.

The applicant is alleged with causing gunshot injuries and is the

main accused and prima facie, offence punishable u/S.307 IPC appears to

be made out.

New ground is that the applicant is in custody since 6 ½ months and

out of the six offences constituting criminal antecedents, the applicant has

been acquitted of three and judgments in regard to which have been

brought on record.

2 Mcrc.41397.2021

In view of above said and the second wave of Covid-19 pandemic

which has paralyzed even tempo of life and to avoid congestion in jails which

are hotbeds for spread of Covid-19 infection coupled with the fact that early

conclusion of the trial is a bleak possibility and prolonged pretrial detention

being an anathema to the concept of liberty and that the material placed on

record does not disclose possibility of applicant fleeing from justice, this

Court is though inclined to extend the benefit of bail to the applicant but with

certain stringent conditions in view of criminal antecedents.

Accordingly, without expressing any opinion on merits of the case, this

application is allowed and it is directed that the applicant be released on bail

on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand

only) with one solvent surety of the like amount to the satisfaction of the

concerned trial Court

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 trial ;

3. The applicant will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

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

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

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

7. The concerned trial Court and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the applicant during period of bail as a consequence of this order.

3 Mcrc.41397.2021

8. The applicant shall mark his appearance before the concerned Police Station once in a fortnight till conclusion of trial.

9. Applicant shall plant 10 saplings of indigenous fruit bearing or shady trees on the side of the road/street of the place of residence of applicant or at any other place in the district which is earmarked by the Collector/Revenue Authority for planting trees and shall take care of the trees for the next one year by watering the plants and by installing tree guards at her own expenses. In case the applicant is unable to afford incurring of such expenses, then he would obtain saplings/tree guard from the forest authorities (the concerned Forest Range Officer of the area) free of cost or at concessional/nominal rates available under any beneficial scheme of the Government. Applicant shall file an affidavit disclosing compliance of this condition within 30 days in the Registry, failing which this court may consider cancellation of bail.

On complying with condition No.9 aforesaid, the applicant is directed

to inform the location of plantation made to the Forest Range Officer of the

area concerned who will pass on this information to the DFO concerned.

For effective implementation of this order in the interest of betterment

of ecology of the area concerned, the District Magistrate of district within

which the applicant resides is directed to assist the applicant/accused to

comply with condition No.9 by extending all possible financial and material

assistance to the applicant admissible under any of the beneficial scheme for

afforestation of the State.

The DFO of the concerned District is directed to file verification report

before the trial Court concerned after carrying out inspection personally or

through any other officer of the Forest Dept duly authorised in that behalf

disclosing as to whether applicant has complied with condition No.9 or not,

and if yes to what extent?

The learned trial Judge on receiving report of non-compliance of

condition No.9 shall forthwith communicate the same to the Registry of this

Court.

4 Mcrc.41397.2021

The Registry on receiving any such report from the trial Court

disclosing default shall put up the matter before appropriate Bench in shape of

PUD.

A copy of this order be sent to the trial Court concerned for compliance.

Let a typed copy of this order be also supplied to the counsel for the

State for compliance of the aforesaid directives.

A copy of this order be furnished by the Registry of this Court to the

concerned trial Court and the DFO having territorial jurisdiction over the

place of residence of the applicant for execution of the order in the interest of

the ecology.

For the time being this case stands disposed of.

C.c as per rules.

(Sheel Nagu) Judge (suneel)

Digitally signed by SUNEEL DUBEY

SUNEEL DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya

DUBEY Pradesh, 2.5.4.20=157244b0239a6fd662b29b0 0a11fc66a5e160f585aa7a92425f380d 476b32818, cn=SUNEEL DUBEY Date: 2021.08.26 11:53:48 -07'00'