Madhya Pradesh High Court
Bheeshm Singh Bhadoriya vs The State Of Madhya Pradesh on 8 June, 2021
Author: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.20517/2021
(Bhism Singh Bhadoria vs. State of M.P.)
Gwalior, Dated : 08.06.2021
Heard through Videoconferencing.
Shri Mayank Pathak, counsel for the petitioner.
Shri Avneesh Singh, Govt. Advocate for the respondent/State.
This petition has been filed under Section 482 of Cr.P.C. seeking
correction in the order passed by this Court in M.Cr.C. No.15847/2021
on 1.4.2021 mentioning wrong Crime No.463/2021 in place of Crime
No.463/2020.
It is submitted that petitioner has filed an application under
Section 438 of Cr.P.C. for grant of anticipatory bail which was allowed
vide order dated 1.4.2021, but due to typing mistake wrong crime
number has been typed as "463/2021" while the correct crime number
is "463/2020." Hence prayed for correction in the order.
It is seen from the record that in the application for bail the
Crime No.463/2021 was wrongly mentioned by the petitioner himself.
Therefore, in the main order also the mistake crept up due to the wrong
mentioning of crime number by the petitioner. From the record it is
apparent that the mistake was himself committed by the petitioner
while drafting application for bail as the crime number has been
wrongly mentioned as 463/2021 which falls within the category of
suppression of facts just to fetch bail.
The Hon'ble Supreme Court in the case of IN RE :
CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO
MOTU W.P. (C) No.1/2020 as well as the Division Bench of the
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.20517/2021
(Bhism Singh Bhadoria vs. State of M.P.)
Principal seat on 17.05.2021 IN RE : CONTAGION OF COVID 19
VIRUS IN PRISONS in SUO MOTU W.P. (C) No.9320/2021 have
passed certain guidelines for decongestion of prisoners during this
COVID 19 pandemic. The bail has been granted for offences
registered under Sections 420, 34 of IPC.
In the backdrop of overall facts and circumstances of the case
although it is a clear cut case of suppression of fact. But taking into
consideration the judgments passed by the Hon'ble Supreme Court in
Suo Moto W.P. (C) No.1/2020 as well as Division Bench of this Court
regarding decongestion of prisoners during this COVID 19 pandemic
coupled with the nature of offence for which the bail application was
filed, this Court deems it appropriate to allow this application subject
to imposition of cost of Rs.5000/- on the applicant for wrongly
mentioning the crime number in the application just to fetch bail.
The petition is allowed. In the order dated 1.4.2021 passed in
M.Cr.C.No. 15847/2021 the crime number is hereby corrected. Now it
be read as "Crime No. 463/2020" instead of "Crime No. 463/2021".
This order shall be read conjointly with the order dated 1.4.2021
passed in M.Cr.C.No.15847/2021.
The cost imposed be deposited before the Principal Registrar of
this Court within a period of seven working days.
(Vishal Mishra)
Judge
van
SMT VANDANA
VERMA
2021.06.10
11:18:22 -07'00'
