Madhya Pradesh High Court
Tehsildar Singh vs The State Of Madhya Pradesh on 15 March, 2021
Author: Sheel Nagu
1 Mcrc 12761/2021
THE HIGH COURT OF MADHYA PRADESH
Mcrc 12761.2021
(Tehsildar Singh Vs. State of M.P. )
Gwalior Dt. 15/3/2021
Shri Sarang Gupta, learned counsel for the petitioner.
Shri Manish Nayak, learned Panel Lawyer for the State.
Learned counsel for the rival parties are heard.
Case-diary is perused.
The petitioner has filed this second repeat application u/S.
439 of Cr.P.C. for grant of bail after rejection of earlier one on
merits and by granting liberty to come again on examination of
main PWs or if trial gets further delayed whichever is earlier by
order dated 28/12/2020 in Mcrc 52846.2020.
The petitioner has been arrested on 7/12/2020 by Police
Station Tighra, District Gwalior (M.P.) in connection with Crime
No.24/2013 registered in relation to the offences punishable u/S.
365 IPC & Sec. 11/13 of MPDVPK Act.
Learned Panel Lawyer for the 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.
Admittedly, none of PWs has been examined but new ground
taken in this repeat application is of acquittal of co-accused
2 Mcrc 12761/2021
Rambaran Singh by judgment dated 24/11/2015 in SST No. 04/14
by Special Judge (MPDVPK), Gwalior (M.P.) and grant of bail to
co-accused Ramniwas by order dated 4/3/2021 in Mcrc 6487/2021.
Though liberty granted has not yet been exhausted but
looking to the fact that similarly placed co-accused Ramniwas has
been admitted to bail by this court by order dated 4/3/2021 in Mcrc
6487/2021and prior thereto co-accused Rambaran Singh has been
acquitted by judgment dated 24/11/2015 in SST No. 4/14, this court
sees no reason to take a different view than the one taken in case of
above said co-accused Ramniwas who has been admitted to bail on
4/3/2021 in Mcrc 6487/2021. Moreover, since investigation is over
qua petitioner on 24/1/2021, no purpose would be served to
continue incarceration of petitioner who is in custody since
7/12/2020.
Thus in view of above and further looking to special
circumstances of ongoing Covid-19 pandemic and that early
conclusion of the trial is a bleak possibility and prolonged pre-trial
detention being an anathema to the concept of liberty and the
material placed on record does not discloses possibility of petitioner
fleeing from justice, this Court though is inclined to extend the
benefit of bail to the petitioner with certain stringent conditions.
Accordingly, without expressing any opinion on merits of the
3 Mcrc 12761/2021
case, this application is allowed and it is directed that the petitioner
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 petitioner :-
1.
The petitioner will comply with all the terms
and conditions of the bond executed by him;
2. The petitioner will cooperate in the trial;
3. The petitioner will not indulge himself 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 petitioner shall not commit an offence
similar to the offence of which he is accused;
5. The petitioner will not seek unnecessary
adjournments during the trials;
6. The petitioner will not leave India without
previous permission of the trial Court/Investigating
Officer, as the case may be;
7. Petitioner shall mark his presence before trial
court concerned once every fortnight till conclusion
of trial.
8. The learned Trial Court and the prosecution
are directed to ensure following of Covid-19
precautionary protocol prescribed from time to time
4 Mcrc 12761/2021
by the Supreme Court, the Central Govt. and as well
as the State Govt during release, travel and residence
of the petitioner during period of bail as a
consequence of this order.
The petitioner has gracefully agreed to act as a Shiksha
Swayamsevak by rendering physical and financial assistance to
government primary school situated nearest to residence of
petitioner for ensuring hygiene and sanitation and for removing
deficiencies of infrastructural amenities in the said school from the
skill/resources of the petitioner. [;kfpdkdrkZ us ,d f'k{kk Lo;alsod
ds :i esa vius fuokl ds fudV vofLFkr ljdkjh izkFkfed fo|ky; esa LoPNrk vkSj
vkjksX; dks lqfuf'pr djus ds fy, 'kkjhfjd ,oa foRrh; lgk;rk iznku djus ,oa
vius dkS'ky o lalk/kuksa ls mDr fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks
nwj djus dh LosPN;k lgefr iznku dh gSAa]
The petitioner after selecting a particular Govt. Primary
School shall inform about the same to the office of Gram Panchayat
(in case of rural area) and/or Ward Officer of the concerned ward
(in case of urban area), within whose territorial jurisdiction the said
school is situated. [;kfpdkdrkZ ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u
djus ds i'pkr~ blds ckjs esa xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys esa½
[email protected];k lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ ftlds {ks=kf/kdkj
esa mDr Ldwy vofLFkr gS] dks lwfpr djsxkA].
5 Mcrc 12761/2021
It will be joint responsibility of Sarpanch and Secretary of
said Gram Panchayat (in case of rural area) and/or Ward Officer of
the concerned ward (in case of urban area) to preserve the said
information provided by the petitioner. [;g lEcaf/kr okMZ ds okMZ vf/kdkjh
¼'kgjh {ks= ds ekeys es½a [email protected];k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k
{ks= ds ekeys esa½ dh la;qDr ftEesnkjh gksxh fd] ;kfpdkdrkZ }kjk iznRr lwpuk dks
lajf{kr djsA].
The Registry of this Court shall communicate this order
through Legal Aid Officer, SALSA, Gwalior to the Collector,
District Education Officer, Block Education Officer of the
district/block concerned for information and follow up.
A copy of this order be supplied to the Legal Aid Officer,
SALSA, Gwalior who is directed to communicate this order to the
District Education Officer, Block Education Officer of the
district/block concerned who in turn shall encourage the petitioner
to indulge in community service as aforesaid.
A copy of this order be sent to the Court concerned for
information.
C.c as per rules.
DHANANJA
(Sheel Nagu)
Y BUCHAKE
2021.03.16 Judge
10:41:57
+05'30' (Bu)
