Madhya Pradesh High Court

Ravi Mahor 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. 4267 of 2022

  Between:-
   RAVI MAHOR S/O NARAYAN
   MAHOR, AGED ABOUT 38
   YEARS,        OCCUPATION:
   MAZDOORI BELDAR KA PURA
   GOL    PAHADIA   LASHKAR
   (MADHYA PRADESH)

                                               .....appellant
  (BY SHRI RAJ KUMAR SHRIVASTAVA - ADVOCATE)

  AND

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

       This application coming on for hearing this day, the

court passed the following:
    2


                           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 28.02.2022 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 10.02.2022 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 10.02.2022 whereas charge-sheet has

already been filed. He is computer 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 the public money. Therefore,

he prayed for dismissal of this anticipatory 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

learnt 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. Intention 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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