Manohar Lal Sharma vs State Of Madhya Pradesh

This is the first application under Section 438 of the Cr.P.C filed by the applicant, who apprehends his arrest in connection with Crime No.334/2019, registered at Police Station-Banmor, District Morena, for the offences punishable under Sections 406, 420, 504 and 34 of IPC.

Learned counsel for the applicant submits that he inducted as Director Technical in the company M/s Magnum Steel Limited w.e.f. 16.03.2018 (appointment letter attached with the bail application) by which he took charge as Director of the company. Transaction is prior to taking his charge because as per contents of FIR, business relationship between the complainant and accused started in year 2017. Therefore, he is not directly involved in earlier transactions of the company. Since his role is confined to post 16th March, 2018 scenario, therefore, he is tried to be implicated on false pretext.

It is further submitted that in respect of transaction in question, a cheque was issued by the Chairman and Managing Director of the company namely Ishwar Chand Jindal for which complaint under Section 138 of Negotiable Instrument Act has been filed by the complainant against the company as well as Ishwar Chand Jindal and Mahesh Mahapatra. In the said case, name of applicant does not figure, whereas the said complaint has been filed recently on 27.09.2019.

Even otherwise, applicant has no criminal antecedents, therefore, chance of absconsion and tampering with the witness/evidence is remote. Confinement would bring social disrepute and personal inconvenience. He undertakes to cooperate in the investigation/trial and would make himself available as and when required. He would not be a source of embarrassment and harassment to the complainant. He further undertakes to do some community service. Therefore, under these undertakings, the applicant sought the benefit of anticipatory bail.

Learned Panel Lawyer for the State opposed the prayer and prayed for dismissal of this application.

Learned Senior Counsel for the complainant also vehemently opposed the prayer and submitted that CMD of the company Ishwar Chand Jindal is having long list of criminal antecedents and looking to the nature of his conduct as well as conduct of the company, bail of the applicant be rejected. It is further submitted that applicant and other Directors were instrumental in blocking legitimate payment of the complainant, therefore, he prayed for dismissal of instant ancitipatory bail application.

Heard learned counsel for the parties and case diary perused. Considering the submissions and facts and circumstances of the case and looking to the fact that applicant does not bear any criminal history and chance of absconsion is remote and he inducted as Director since 16.03.2018, but without expressing opinion on mertis of the case, I deem it appropriate to allow this application under Section 438 of Cr.P.C.. It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs.2,00,000/-(Rupees Two Lacs Only) with two solvent sureties of the like amount of Rs.One Lac each (one surety is to be local surety) to the satisfaction of Arresting Officer/Investigating Officer.

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

The applicant shall comply with all the terms and conditions of the bond executed by his;

The applicant shall cooperate in the investigation/trial, as the case may be;

The applicant shall 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;

The applicant shall not commit an offence similar to the offence of which she is accused;

The applicant shall not seek unnecessary adjournments during the trial; and

The applicant shall not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicant shall mark his presence before the Investigating Officer on every Monday and Friday between 10 am to 4 pm, till filing of charge-sheet.

As per the undertaking given by counsel on behalf of the applicant, it is hereby directed that applicant shall plant 20 saplings (either fruit bearing trees or Neem/Peepal) alongwith tree guards or has to make arrangement for fencing for protection of the trees because it is the duty of the applicant not only to plant the saplings but also to nurture them. "वृक्षारोपण के साथ, वृक्षापोषण भी आवश्यक है।" He shall plant saplings/ trees preferably of 6-8 ft., so that they would grow into full fledged trees at an early time. For ensuring the compliance, he shall have to submit all the photographs of plantation of trees/saplings before the concerned trial Court alongwith a report within 30 days from the receipt of certified copy of this order. The progress reports shall be submitted by the applicant before the trial Court on expiry of every three months for two years.

It is the duty of the trial Court to monitor the progress of the trees because human existence is at stake because of the environmental degradation and Court cannot put a blind fold over any casualness shown by the applicant regarding compliance. Therefore, trial Court is directed to submit a report regarding progress of the trees and the compliance made by the applicant by placing a short report before this Court every quarterly (every three months), which shall be placed under the caption "Direction" before this Court.

Any default on behalf of applicant in plantation or caring of trees shall disentitle the applicant from enjoying the benefit of bail.

The applicant shall be at liberty to plant these saplings/trees at an place of his choice, if he intends to protect the trees on his owncost by providing tree guards or fencing or he may plant the saplings at the place of his choice or where he lives for which applicant shall have to bear necessary expenses for plantation of the trees and their measures for safeguard.

This direction is made by this Court as a test case to address the Anatomy of Violence and Evil by process of Creation and a step towards Alignment with Nature. The natural instinct of compassion, service, love and mercy needs to be rekindled for human existence as they are innately engrained attributes of human existence.

"It is not the question of Plantation of a Tree but the Germination of a Thought."

A copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.