Ram Krishna Mahobia vs State Of Madhya Pradesh

Heard finally.

On account of prevailing conditions worldwide brought about by the COVID-19 virus, the present application has been heard through video conferencing in order to maintain social distancing. The necessary parties have effectively been represented by their respective counsel via video conferencing.

This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail in connection with Crime No.69/2020 registered at the Police Station, Hataa, District Damoh, for the offence punishable under section 420 of the Indian Penal Code.

It is alleged against the present applicant that he had obtained the caste certificate by playing fraud.

Learned counsel for the applicant refers to the order passed by the Sub-Divisional Officer, Hataa, District Damoh dated 31.08.2019 and submits that prima-facie the allegation against the present applicant do not make out any case of fraud or cheating. It is contended that whether the applicant belongs to a particular caste or not has to be decided by the High Power Committee constituted as per the judgment passed by the Supreme Court in the case of Madhuri Patil vs. Additional Commissioner (1994) 6 SCC 241. He further submits that the applicant is in jail since 17.03.2020 and, therefore, he be released on bail.

Per contra, learned State counsel opposes the prayer for grant of bail and submits that the applicant had obtained the caste certificate by suppressing and misrepresenting the facts.

On going through the order passed by the Sub-Divisional Officer, Hataa, District Damoh dated 31.08.2019 (Annexure-A/6), I do not find that there is any suppression of facts and documents before the competent authority. Whether the applicant belongs to the Scheduled Caste or not is an issue which has to be decided by the competent authority.

Accordingly, in view of the aforesaid it is directed that the applicant â€" Ram Krishna Mahobia shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rs. FiftyThousand) with one surety of the like amount to the satisfaction of the trial Court. Further, the applicant shall comply the provisions of Section 437(3) Cr.P.C.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU - W.P. (C) 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 their 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 any 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 on their e-mail 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 bail application is allowed.

C.c. as per rules.