Heard through video conferencing.
This is the fourth repeat application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant is in custody since 24.11.2019 in connection with crime No. 976/2019 registered at Police Station Khajrana Disttt.Indore for the offence punishable under sections 420, 467, 468,120B/34 of IPC. His earlier bail applications were dismissed as withdrawn by orders dated 25.06.2020, 16.03.2020 and 10.12.2019 passed in M.Cr.C. No. 18521/2020, M.Cr.C. No. 9607/20 and M.Cr.C. No.51552/2019.
As per prosecution story, the applicant by playing mischief and misrepresentation sold plot no. 224-A situated at Nayay Nagar, Indore to some third person without the knowledge and consent of the original owner Shri Krishna Murari Saxena(since deceased). No sooner, the complainant went to the spot and found a construction raised over the said plot, he has filed a complaint. Accordingly, case has been registered against the applicant.
Investigation is complete. Challan has been filed. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. It is further submitted that neither the applicant owns the plot nor has played any role in sale of the plot. In any case, the subject matter of dispute has been amicably settled between the complainant and the applicant by way of a compromise, and therefore, no dispute persist in the context of the allegations made in the FIR. Even otherwise, investigation is complete and challan has been filed. The applicant is not required for further custodial interrogation. The applicant is in custody since 24.11.2019 and about nine months period has passed by. Applicant is the sole bread earner and due to his jail incarceration, the family is in penury. Looking to Covid- 19, the Court proceedings are paralyzed and regular proceedings are not taking place as a result possibility of undue and prolonged delay of trial cannot be ruled out. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.
Shri Bhatia, learned counsel appearing on behalf of the complainant does not dispute that Mamta Saxena is the daughter of Late Shri Krishna Murari Saxena and she has succeeded to the property by way of testamentary succession, a 'will' dated 29.05.2019 propounded by Late Shri Krishna Murari Saxena(Shri Saxena has passed away in February,2020).The matter has been compromised between the parties and, therefore, she has no further complaint against the applicant.
Per contra, learned Panel Lawyer has opposed the bail application supporting the order impugned with the submission that applicant is a habitual offender and was found to be engaged in such shoddy deals in the past also. Hence, in the event this Court is inclined to grant bail to the applicant, some stringent conditions may be imposed.
At this stage, Shri Sharma on instructions submits that applicant has done introspection in the wake of social and economic crisis due to Covid-19 Pandemic in the country volunteers to deposit an amount of Rs.1,00,000/- (Rupees one lakh only) in the office of Zila Balsanrakshan Samiti, Distt. Indore [Axis Bank Account No. 911010007267684 IFSC Code UTIB0000503] to be utilized for providing clothing, food and other essential amenities required for the orphans living in orphanages including physically challenged persons etc in the district under the surveillance of Collector Distt. Indore who is at discretion to utilize the said amount for such persons who have lost their means of livelihood during the pandemic including sufferers of pandemic Covid-19 of the area. However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of the applicant on bail.
This Court appreciates the gesture shown by learned counsel for the applicant.
This Court refrains from commenting upon merits of the arguments so advanced, but regard being had to the fact that applicant having no criminal antecedents is in custody since 24.11.2019 and nine months' period has passed by, investigation is complete and chargsheet has been filed and he is no more required for further custodial interrogation, he is held entitled for enlargement on bail.
Consequently, the application of the applicant filed under Section 439 of the Cr.P.C., is hereby allowed. It is directed that the applicant be released on bail, on furnishing personal bond in the sum of Rs 5,00,000/- (Rupees five lakhs only) with one solvent surety in the like amount to the satisfaction of the trial Court, on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437(3) of Cr.P.C., with following further conditions:
(i) the applicant shall prepare a demand draft for Rs 1,00,000./- (Rupees one lakh only) of any Nationalized Bank in favour of Zila Balsanrakshan Samiti, Distt. Indore [Axis Bank Account No. 911010007267684 IFSC Code UTIB0000503] to be utilized for providing clothing, food and other essential amenities required for the orphans living in orphanages including physically challenged persons etc in the district under the surveillance of Collector Distt. Indore who is at discretion to utilize the said amount for such persons who have lost their means of livelihood during the pandemic including sufferers of pandemic Covid-19 of the area. However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of the applicant on bail.
(ii) a. The applicant shall submit the original demand draft alongwith copy of the order passed today through his counsel before the Principal Registrar of this Bench, for keeping the same in his safe custody.
(ii) b. As and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.
(iii) The said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Distt Indore is directed to maintain a separate account (for production of the record as and when directed for).
(iv) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.
(v) the applicant shall not leave Indore without previous permission of the trial Court/Investigating Officer, as the case may be.
(vi) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(vii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any
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further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order. (viii) In the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail granted to the applicant. Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police station for information and necessary action. Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance. It is made clear that this e-copy order be treated as Certified copy in terms of the advisories issued by the High Court from time to time.