Munnallal Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 6257 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      Mcrc.47569/2021
               Munnalal Sharma v. State of M.P.


Gwalior, Dated : 30.9.2021

      Shri Santosh Agarwal, Counsel for the applicant.

      Shri Naval Gupta, Counsel for the State.

      Case diary is available

      This first application under Section 438 of Cr.P.C. has been

filed for grant of anticipatory bail.

      The applicant apprehends his arrest in connection with Crime

No.561/2021 registered at Police Station Thatipur Distt. Gwalior

for offence under Section(s) 406, 420 of I.P.C.

      It is submitted by Shri Agarwal that in fact the applicant

himself is the victim of misdeeds of one Rani. The allegations are

that co-accused Rani entered into an agreement to sell her property to

complainant and an agreement to sell was executed. It is also alleged

that an amount of Rs. 1,00,000/- was taken by Rani from the

complainant by way of advance. But, instead of executing the sale

deed in favour of the complainant, it is alleged that Rani sold the

property to the applicant. It is submitted that applicant himself is a

bona fide purchaser from Rani. There is no allegation that he in any

manner had cheated the applicant. The applicant is ready and willing

to cooperate with the investigating officer. The Trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tempering with prosecution witnesses.

      Per contra, the application is vehemently opposed by the
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           THE HIGH COURT OF MADHYA PRADESH
                       Mcrc.47569/2021
                Munnalal Sharma v. State of M.P.


Counsel for the State. However, it is fairly conceded that according

to the prosecution, the original owner Rani, after entering into an

agreement to sell with the complainant, sold the property to the

applicant. It is further submitted that at present there is nothing on

record to indicate that the applicant had in any manner cheated the

complainant.

      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
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           THE HIGH COURT OF MADHYA PRADESH
                       Mcrc.47569/2021
                Munnalal Sharma v. State of M.P.


           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, 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

7.10.2021

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.

THE HIGH COURT OF MADHYA PRADESH Mcrc.47569/2021 Munnalal Sharma v. State of M.P.

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) Judge ar

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya

RAHMAN Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26 d2b510cc133f1b56faa63e77b, cn=ABDUR RAHMAN Date: 2021.09.30 15:26:37 -07'00'