Prabodh Gandhi vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

Heard, this is an application for correction in the order dated 08.12.2020 passed in M.Cr.C. No. 44308/2020, whereby the applicant was granted

anticipatory bail.

It is pointed out that due to inadvertence, it has been mentioned that anticipatory bail has been granted, where as the applicant has filed an application

for grant of Regular Bail under Section 439 Cr.P.C.

The said fact is not disputed by the learned panel lawyer for the State, that the applicant has filed the application under Section 439 Cr.P.C. for grant

of regular bail and the applicant was in jail since, 19.10.2020.

This Court has already considered the matter on merit in its order dated 08.12.2020 and find that the applicant is entitled for grant of bail.

The applicant has been arrested in connection with Crime No. 1131/2020, registered at Police Station Seoni (Kotwali), District Seoni (M.P.) for the

offences punishable under Sections 420, 467, 468 & 471 of IPC.

It is alleged that applicant has impersonated himself to be a Municipal Officer and facilitated the cheating with the complainant for getting the

employment in the Corporation.

Learned counsel for the applicant submits that there is no allegation against the applicant either in the complaint or also by the complainant. The

allegation has been made against one Sohail Khan and not against the present applicant. He has been implicated on the basis of memorandum. It is

further submitted that even if the entire prosecution case is accepted no offence under Sections 420, 467, 468 & 471, therefore, the applicant is

entitled for grant of Regular Bail.

In view of the aforesaid, the order dated 08.12.2020 is corrected.

It is directed that applicant Prabodh Gandhi shall be released from custody upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty

Thousand only) with one surety of the like amount to the satisfaction of the learned court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court In Writ Petition No.1/2020 and ensure

that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct

him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion

that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

It is further made clear that if it is found that the applicant is involved in nay other case during the trial, this bail order shall stand cancelled

automatically without reference to the court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the Advocate General and Shri Saurabh Soni, learned Panel Lawyer on their respective

email address for intimation to the Police Station concerned.

The office is requested to forward a copy of this order to the learned court below.

Accordingly the present application for correction of order dated 08.12.2020 is allowed.

Let a copy of this order be kept in the record of M.Cr.C. No. 44308/2020.

Certified copy as per rules.