Madhya Pradesh High Court
Rajpal Singh Tomar vs The State Of Madhya Pradesh on 13 July, 2021
Author: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.34422/2021
(Rajpal Singh Tomar vs. State of M.P.)
Gwalior, Dated : 13.07.2021
Heard through videoconferencing.
Shri Santosh Kumar Sharma, counsel for the petitioner.
Shri Dheeraj Budholiya, Panel Lawyer for the respondent/State.
This petition under Section 482 of Cr.P.C. has been filed seeking
modification/deletion of the condition to deposit the bank security of
Rs.23,50,000/- in the order dated 22.10.2020 passed in
M.Cr.C.No.40517/2020.
It is submitted that the bail application of the applicant has already
been allowed by this Court on 22.10.2020 on the willingness of the
accused person to furnish the bank security for the aforesaid amount. The
offence was registered under Sections 420, 467, 468, 471, 472, 474 and
120-B of IPC. As the application of the petitioner was allowed under
Section 439 but he is not in a position to furnish the bank security. He
has further pointed out that as the case of co-accused has already been
considered by this Court and the condition imposed upon the co-accused
Shabnam Tomar who has approached the Hon'ble Supreme Court by
filing a SLP No. 4306-4307/2021 wherein vide order dated 28.06.2021
the Hon'ble Supreme Court has granted interim relief to Shabnam Tomar.
It is submitted that the petitioner is the relative of Shabnam Tomar and
similar allegations are levied against her. She was also enlarged on bail
by this Court vide order dated 14.08.2020 imposing the similar condition.
In the facts and circumstances of the case, he has prayed for modification
of the order dated 22.10.2020 and has prayed for deletion of the aforesaid
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.34422/2021
(Rajpal Singh Tomar vs. State of M.P.)
condition. He is still in custody and not been released because he is not
in a position to fulfill the aforesaid condition due to the present scenario
of COVID 19 pandemic.
He has relied upon the judgment passed by the Hon'ble Supreme
Court recently in the case of Dilip Singh vs. State of M.P. and anr. SLP
No.10842/2019 wherein the Hon'ble Supreme Court has modified the
conditions imposed by the High Court of deposition of Rs.41 Lakhs. It is
submitted that the application can only be considered strictly in
accordance with the conditions mentioned in 438(2) of Cr.P.C. or 439. In
such circumstances, he has prayed for modification of the condition.
Per contra, State counsel has opposed the petition and prays for its
rejection.
Heard the learned counsel for the parties and perused the record.
From the perusal of the record it is seen that although the
application of the petitioner under Section 439 has been allowed by this
Court but the condition of deposition of bank security to the tune of
Rs.23,50,000/- has been imposed against the petitioner. The Hon'ble
Supreme Court in Dilip Singh (supra) has held has under:-
"6.We accordingly modify the order impugned before us by deleting
the direction to deposit Rs 41 lakhs as directed by the High Court.
Needless to mention, the grant of anticipatory bail shall be governed
by the conditions in Section 438(2) of the Code of Criminal
Procedure."
After going through the judgment passed by the Hon'ble Supreme
Court, this Court is of the considered opinion that no such stringent
condition can be imposed of deposition of the security amount or
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.34422/2021
(Rajpal Singh Tomar vs. State of M.P.)
furnishing a bank security upon the parties who filed the applications
seeking bail because the Court does act as a recovery agent. The bails has
to be considered strictly in accordance with the provisions of Section 438
or 439 Cr.P.C. coupled with the fact when the applicant is not willing or
is incapacity to fulfill the aforesaid condition imposed by the courts.
In view of the above, this Court deems it appropriate to allow the
petition and the condition imposed by this Court in the order dated
22.10.2020 passed in M.Cr.C.No.40517/2020 to the effect that "subject
to furnishing a bank security of Rs.23,50,000/- by the applicant" is
modified to the extent of deleting the condition in view of the Supreme
Court judgment.
The order passed in the present petition shall be read conjointly
with the order dated 22.10.2020 passed in M.Cr.C.No.40517/2020.
With the aforesaid modification, this petition is disposed of.
A copy of this order be placed in the record of
M.Cr.C.No.40517/2020.
E-copy of this order be provided to the applicant/petitioner 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.
(VISHAL MISHRA)
JUDGE
van
SMT VANDANA VERMA
2021.07.13 18:33:58 -07'00'
