Chhotu @ Rohit vs The State Of Madhya Pradesh
2021 Latest Caselaw 5106 MP

                                     1                        MCRC-37165-2021

                     The High Court of Madhya Pradesh
                             MCRC-37165-2021
                (CHHOTU @ ROHIT Vs THE STATE OF MADHYA PRADESH)


Gwalior dated : 07/09/2021

       Shri R. K. Sharma, learned counsel for the applicant.

       Shri Ravindra Singh, learned Public Prosecutor for the State.

       Learned counsel for rival parties are heard.

       Case diary is perused.

       This is the second repeat application filed u/S.439 Cr.P.C. by applicant

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

18/06/2021 passed in M.Cr.C. No.29543/2021 with liberty to come again after

recording of statement of victim or if trial gets further delayed, whichever is

earlier.

       The applicant has been arrested on 01/02/2021 by Police Station-Dehat

Kotwali, District Bhind (M.P.), in connection with Crime No.76/2021

registered in relation to the offences punishable u/Ss.307, 294, 34 of IPC and

u/S.25/27 of Arms Act and u/S.146/196 of Motor Vehicles 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.

       Attempt to murder is alleged against the applicant.

       Admittedly, injured has not yet been examined but the ground taken by

learned counsel for applicant is of prejudice due to delayed trial as the

applicant is in custody since the last about more than 7 months and the trial has

not commenced yet.

       Prosecution story reveals that applicant has 32 offences constituting

criminal antecedents in regard to which the applicant has filed 8 judgments of
                                      2                      MCRC-37165-2021

acquittal. However, 23 cases are still pending out of which some of them are of

grave offences like murder and dacoity.

      Considering the period of custody suffered and the intent of applicant of

reforming himself if released as disclosed by learned counsel for applicant

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 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 learned concerned available Magistrate and the prosecution are directed to ensure following of Covid-19 3 MCRC-37165-2021

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.

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

9. Applicant shall render community service at Nirashrit Bhawan (Old Age Home), Near Mela Ground, Bypass Road, district, Bhind for eight hours on every alternate day.

The Superintendent, Nirashrit Bhawan (Old Age Home), Bhind will decide the nature of community service to be undertaken by the applicant.

The Superintendent, Nirashrit Bhawan (Old Age Home), Bhind is directed to file compliance report in the Registry of this Court within 30 days, failing which Registry is directed to put up the matter as PUD before appropriate bench.

10. 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.10 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.10 by extending all possible financial and material assistance to 4 MCRC-37165-2021

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 authorized in that behalf

disclosing as to whether applicant has complied with condition No.10 or not,

and if yes to what extent?

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

condition No.10 shall forthwith communicate the same to the Registry of this

Court.

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 District Magistrate 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)

SUNEEL Digitally signed by SUNEEL DUBEY DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011,

DUBEY st=Madhya Pradesh, 2.5.4.20=157244b0239a6fd662b29b00a1 1fc66a5e160f585aa7a92425f380d476b3 2818, cn=SUNEEL DUBEY Date: 2021.09.08 12:35:38 -07'00'