Malkhan Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1908 MP

                                   1
         THE HIGH COURT OF MADHYA PRADESH
                     M.Cr.C.No.19154/2021
               (Malkhan Singh Versus State of M.P. )

Gwalior, Dated:-8.5.2021
      Heard through Video Conferencing.

      Shri Prashant Sharma, learned counsel for the applicant.

      Shri Naval Kishore Gupta, learned Public Prosecutor for the

respondent/State.

Heard the learned counsel for the parties.

The applicant has filed this third application u/S.438 Cr.P.C. for

grant of anticipatory bail as he has an apprehension of his arrest in

connection with Crime No.275/2020 registered at Police Station

Jhansi Road, Gwalior for the offences punishable under Sections 465,

468 and 473 of IPC. First application was dismissed on merits vide

order dated 8.2.2021 passed in M.Cr.C.No.6806/2021 and second

application was dismissed on merits vide order dated 27.2.2021

passed in M.Cr.C.No.11091/2021.

It is alleged by the learned counsel for the applicant that

applicant has been falsely implicated in the case and he has not

committed any offence in any manner. The allegation against the

present applicant is that he has made theft of certain properties of the

Railways for selling it off and some identification cards forgely

prepared showing himself to be a Police Personnel of the Railways

were prepared by the present applicant and the same was recovered

from his possession. It is argued that the case was registered against

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.19154/2021 (Malkhan Singh Versus State of M.P. )

the present applicant under the Railway Act for which after his arrest

and making a recovery by the Railway Authorities he has been

released and charge-sheet has been filed in that case. Thereafter, an

application being made by the Railway Authorities with respect to

certain offences committed by the applicant for making forged

documents was being registered which was triable by the State Police

Authorities and the present case has been registered at Crime

No.275/2021 for the aforesaid offences and it is submitted that the

recovery has already been made from the present applicant and there

is no requirement of custodial interrogation of the present applicant.

He has prayed for anticipatory bail. He has relied upon the judgment

passed by the Division Bench of this Court at Principal Seat Jabalpur

in the case of In Reference (Suo Motu) vs. Union of India and

others, W.P.No.8820/2021 on 23.4.2021, wherein looking to the

present scenario of Covid-19 pandemic the Division Bench has

observed "that unless there is necessity of arrest for maintenance of

law and order situation, in a cognizable offence prescribing sentence

up to seven years imprisonment, the police shall desist from arresting

the accused up to 15th of June, 2021, without complying with the

provision of Section 41A, Cr.P.C. This however may not be

understood as an interdict on the power of the police to arrest, but

should only be considered mere advisory in the face of the ongoing

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.19154/2021 (Malkhan Singh Versus State of M.P. )

crisis following second wave of Coronavirus." It is submitted that

as applicant was earlier released by the Railway Police with respect to

the same offence and recovery has also been made, then there is no

further requirement of custodial interrogation of the applicant. The

applicant is the first offender and is ready to abide by all the terms and

conditions that may be imposed by the Court. It is submitted that in

terms of the order passed by the learned Trial Court rejecting an

application and directing the authorities to comply with the provisions

of Section 41A of Cr.P.C. prior to making any arrest of the applicant.

No such notice has ever been issued or served upon the present

applicant. He is ready to cooperate in investigation and prays for

grant of bail. He is even shown his willingness to contribute an

amount of Rs.10,000/- towards help of needy during this Covid-19

pandemic.

Per contra counsel for the State has opposed the application

stating that on earlier occasion the application has already rejected on

merits. It is submitted that the Hon'ble Supreme Court in the case of

G.R. Ananda Babu vs The State Of Tamil Nadu in S.L.P. (Criminal)

213/2021 decided on 28.1.2021 has categorically held that the

repeated anticipatory bail application should not have been

entertained. On earlier occasion the bail application of the applicant

has already been rejected twice. There are serious allegation of

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.19154/2021 (Malkhan Singh Versus State of M.P. )

making forged documents of Railway police by the present applicant

which were used by him for making theft of the railway property.

The offence is serious in nature. Therefore, earlier applications were

rejected. It is submitted that the applicant is having a criminal history

of three other criminal cases. He has prayed for dismissal of the

application.

At this stage counsel for the applicant has submitted that the

other three criminal cases pointed out of the State is an outcome of

the family dispute of the present applicant and not any other offence

against the society or any other criminal offence. He has further

pointed out that the Hon'ble Supreme Court in suomotu writ petition

in IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in

SUO MOTU W.P. (C) No.1/2020 has passed an order thereby

considering the present scenario of Covid-19 pandemic has issued

directives to the State Government and Union Territories to direct the

High Power Committees of the Monitoring Teams to monitor the

present prisoners occupancy updates in their respective States and

gives report of the same to the High Courtd of present occupancy on

31st March 2021. It is further pointed out that several prisoners have

already been released out of jail on parole owing to the present

scenario of Covid-19 pandemic. It is submitted that the applicant has

already been taken into custody in Railway case by the Railway

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.19154/2021 (Malkhan Singh Versus State of M.P. )

Police Authorities and the recovery has already been made from him.

As far as the present case is concerned, he is ready to cooperate in

investigation and will abide by all the terms and conditions that may

be observed by this Court while considering the application for grant

of bail. Sending the applicant to jail during this Covid-19 pandemic

will be dangerous for his life, thus he prays for grant of anticipatory

bail.

Taking into consideration the overall facts and circumstances of

the case and also the directives issued by the Hon'ble Supreme Court

on 7.5.2021 in the case of IN RE : CONTAGION OF COVID 19

VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020 coupled

with the facts that certain directions have already been issued by the

Division Bench of this Court in Principal Seat at Jabalpur in

W.P.No.8820/2021 and coupled with the fact that the applicant has

already been taken into custody by the Railway Police Authorities and

recovery has already been made from him and in such circumstances

sending the applicant to jail will be dangerous to his life during this

Covid-19 pandemic, therefore, this Court deems it appropriate to

allow this application for grant of anticipatory bail.

Accordingly, the application is allowed. It is hereby directed

that in the event of arrest, the applicant shall be released on bail on

his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.19154/2021 (Malkhan Singh Versus State of M.P. )

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

Investigation Officer/trial court, as the case may be with submission

of written undertaking that he will abide by the terms and conditions

of different circulars, orders as well as guidelines issued by Central

Government, State Government as well as Local Administration for

maintaining social distancing, hygiene etc to avoid Novel Corona

Virus (COVID-19) pandemic and he will have to install Arogya Setu

App, if not already installed.

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 investigation/trial, as the case

may be;

3. The applicant 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 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;

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.19154/2021 (Malkhan Singh Versus State of M.P. )

5. The applicant will not seek unnecessary adjournments during the

trial; and

6. The applicant will not leave India without previous permission of

the trial Court/Investigating Officer, as the case may be.

7. The applicant will inform the concerned S.H.O. of concerned

Police Station about his residential address in the said area and it

would be the duty of the State Counsel to send E-copy of this order to

SHO of concerned police station as well as concerned who shall

inform the concerned SHO regarding the same.

8. It is directed that applicant will comply all the terms and

conditions as has been prescribed in section 438 of Cr.P.C. and is also

directed to mark his presence before the concerning Police Authorities

in first and third week of every month between 10:00 AM to 2:00 PM.

9. Applicant will not make any steps to tamper with the

prosecution witnesses.

10. In case of non-compliance of any of the terms and conditions by

the applicant the bail granted by this Court shall automatically stands

rejected.

Application stands allowed and disposed of.

Applicant shall install Arogya Setu App in his mobile

immediately and would intimate his place of residence to the SHO of

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.19154/2021 (Malkhan Singh Versus State of M.P. )

concerned Police Station; where he reside. Applicant further submit

the undertaking to the effect that he will abide by the terms and

conditions of different circulars, orders as well as guidelines issued by

Central Government, State Government as well as Local

Administration for maintaining social distancing, hygiene etc to avoid

Novel Corona Virus (COVID-19) pandemic.

Application stands allowed and disposed of.

E- copy/Certified copy as per rules/directions.

(Vishal Mishra) Judge Pawar*

ASHISH PAWAR 2021.05.1 2 15:50:45 +05'30'