Omprakash Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 7653 MP

Citation : 2022 Latest Caselaw 7653 MP
Judgement Date : 13 June, 2022

Madhya Pradesh High Court

Omprakash Sharma vs The State Of Madhya Pradesh on 13 June, 2022

Author: Anand Pathak

             1


         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                               BEFORE
                 HON'BLE SHRI JUSTICE ANAND PATHAK

                      ON THE 13th OF JUNE, 2022

                 CRIMINAL APPEAL No. 4186 of 2022

   Between:-
    OMPRAKASH SHARMA S/O BHAGWANDAS
    , AGED ABOUT 62 YEARS, OCCUPATION:
    RETIRED GOVT. SERVANT B-1 PRAGATI
    BIHAR COLONY GOLE KA MANDIR
    (MADHYA PRADESH)

                                                      .....APPELLANT
   (BY SHRI ABHISHEK PARASHAR - ADVOCATE)

   AND

    THE STATE OF MADHYA PRADESH
    INCHARGE POLICE STATION PS MORAR
    (MADHYA PRADESH)
                                                   .....RESPONDENT
   (BY SHRI ANIL SHUKLA - PUBLIC PROSECUTOR)

      This application coming on for hearing this day, the court passed

the following:

                               ORDER

The appellant has filed this criminal appeal under Section 14-A(2)

of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989 being aggrieved by order dated 09.02.2022 passed by Special Judge,

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

Gwalior whereby, bail application under Section 439 of Cr.P.C. of

appellant has been rejected.

Appellant has been arrested on 31.01.2022 by the Police Station-

Morar, District- Gwalior, in connection with Crime No.721/2018,

registered in relation to the offence punishable under Sections 420, 467,

468, 469, 120-B, 409, 471 of IPC and Section 3(2)(5) of the

SC/ST(Prevention of Atrocities) Act.

It is the submission of learned counsel for the appellant that

appellant has been falsely implicated in this case and he is in confinement

since 31.01.2022 whereas charge-sheet has already been filed. He is a

Clerk (Incharge of Scholarship) operator in the office of Triable Welfare

Department and he did not commit any offence. appellant learnt the

lesson hard way and would mend his ways and would become a better

citizen. Counsel relied upon the judgments in the cases of Aparna Bhat Vs.

State of M.P. reported in 2021 SCC Online 230 and Sunita Gandharva

Vs. State of M.P. reported in 2020 (3) MPLJ(Cri.)247. Confinement

amounts to pretrial detention. He undertakes to cooperate in the

investigation/trial and keep himself available as and when required. He

would not be source of harassment and embarrassment in any manner to

the complainant party. He further intends to perform community service

voluntarily by serving the environment and National/Social cause by

contributing his part voluntarily to purge his misdeeds. Under these

grounds, he prayed for bail.

Learned Public Prosecutor for the State opposed the prayer on the

ground that appellant is main accused and with the connivance of co-

accused persons Akhilesh (Director of BIPS College) and Om Prakash

Sharma (Clerk in the Triable Welfare Department), siphoned off the

public money. Therefore, he prayed for dismissal of this bail application.

Learned Public Prosecutor has suggested that certain conditions

may be imposed over the appellant if the bail is granted including some

social service so that appellant may learn the lesson.

Heard learned counsel for the parties and perused the documents

appended thereto.

Considering the submissions of learned counsel for the parties and

facts situation specially the fact that charge-sheet has already been filed

which appears to be more based upon documentary evidence. I ntention of

appellant to reform himself and to serve the social cause as per the spirit

echoed in the order of Sunita Gandharva (Supra), but with some stringent

condition as discussed by Hon'ble Supreme Court in the case of Aparna

Bhatt Vs. State of M.P. reported in 2021 SCC Online 230, without

expressing any opinion on merits of the case, I deem it appropriate to allow

this appeal and impugned order dated 28.02.2022 is set aside in the

following terms. It is hereby directed that the appellant shall be released on

bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac

Only) with two solvent sureties (each surety should be of Rs.50,000/- of

the like amount to the satisfaction of Trial Court.

This order will remain operative subject to compliance of the following conditions by the appellant:-

1. The appellant will comply with all the terms and conditions of the bond executed by him;

2. The appellant will cooperate in the investigation/trial, as the case may be;

3. The appellant 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 appellant will not seek unnecessary adjournments during the trial;

5. The appellant will not leave India without previous permission

of the trial Court/Investigating Officer, as the case may be;

6. The appellant shall mark his presence on 1st and 15th day of every month (if holiday then on next day) before the concerned police station between 10.30 am to 2.30 pm , till conclusion of trial and any default shall disentitle him from grant of benefit of bail.

7. As per undertaking given by the appellant he is at liberty to provide some toys to the 5 Aanganwadi Kendra situated at Gwalior city so that toddlers/ young children of rural areas may able to play with those toys in Aanganwadi Kendra. A report shall be submitted mentioning the names of toys supplied to the Aanganwadi alongwith the photographs before the trial Court within a period of one month from the date of release.

And

The Station House Officer of the concerned Police Station is directed as follows:

1. The Station House Officer shall inform the victim about the release of the petitioner/applicant on bail and shall also supply a copy of this bail order to the victim.

2. In case of breach of any of the conditions of this order, the victim shall be free to report the matter to the Station House Officer of the concerned Police Station.

3. On receipt of any such complaint from the victim, the Station House Officer of the concerned police station, in turn, shall inform the Registry of this Court.

4. On receipt of information from the Station House Officer as aforesaid, the Registry of this Court shall list this matter under caption "Directions" before the appropriate Bench.

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