Ramesh Chandra Dhakad vs The State Of Madhya Pradesh
2021 Latest Caselaw 5855 MP

                        1
        THE HIGH COURT OF MADHYA PRADESH
                 MCRC No.46838/2021
     (RAMESH CHANDRA DHAKAD VS. STATE OF M.P.)

Gwalior, Dated : 22/09/2021

      Shri S.S.Dhakad, learned counsel for the applicant.

      Shri Lokendra Shrivastava, learned counsel for the State.

      Case diary is available.

      This is second application under Section 438 of Cr.P.C. has

been filed for grant of anticipatory bail. The first bail application of

the applicant was dismissed as withdrawn by order dated

16/07/2021

passed in MCRC No.33204/2021.

The applicant apprehends his arrest in connection with Crime

No.355/2020 registered at Police Station Jhansi Road, District

Gwalior for offence under Sections 420, 468, 47 and 120-B of IPC.

It is submitted by the counsel for the applicant that according

to the prosecution case, the co-accused by misusing the cheque of

the applicant, had played fraud on an automobile showroom and

took the delivery of a Royal Enfield motorcycle, but the cheque

stood bounced. It is submitted that the entire value of the

motorcycle has been paid to the showroom and the first bail

application was withdrawn with liberty to revive the prayer

alongwith the invoice of the motorcycle. It is submitted that vide

Annexure P/4 Somya Motors Private Limited has issued the tax

invoice.

Per contra, the application is vehemently opposed by the

counsel for the State. According to the prosecution case, the co-

accused had purchased a motorcycle by giving the cheque of the

applicant, who is the uncle of the co-accused and the said cheque

stood bounced. The co-accused has been granted bail under Section

439 of Cr.P.C. According to the applicant, the entire value of the

motorcycle has been paid to the showroom and the showroom has

also issued the invoice.

Considered the submissions made by the Counsel for the

parties.

The Supreme Court by order dated 23-3-2020 passed in the

case of IN RE : CONTAGION OF COVID 19 VIRUS IN

PRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed all the

States to constitute a High Powered Committee to consider the release

of prisoners in order to decongest the prisons. The Supreme Court

has observed as under :

"The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID - 19).

Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal

Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum. It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate."

Considering the allegations made against the applicant as well

as considering the fact the deteriorating situation in view of second

wave of Covid19 pandemic, and without commenting on the merits of

the case, it is directed that if the applicant appears before the

Investigating officer on or before 29/09/2021 and furnishes his

personal bond in the sum of Rs. 1,00,000 (Rs. One Lac) to the

satisfaction of the investigating officer, then he shall be released on

bail. The applicant shall also furnish an undertaking that he shall

follow all the instructions which may be issued by the Central

Govt./State Govt. or Local Administration (General or Specific) from

time to time for combating Covid19.

The other conditions of Section 438 Cr.P.C. shall remain the

same.

This order shall remain in force, till the conclusion of Trial. In

case of bail jump, or violation of any of the condition(s) mentioned

above, this order shall automatically lose its effect.

In case, if the applicant fails to appear before the investigating

officer on the specified date, then this order shall lose its effect.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18.3.2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

With aforesaid observations, this application is Allowed.

                                                                        (G.S. Ahluwalia)
Pj'S/-                                                                        Judge

         Digitally signed by
         PRINCEE BARAIYA
         Date: 2021.09.22
         17:09:07 -07'00'