Hemant Kumar Pawaiya vs State Of Madhya Pradesh

This application under Section 482 of Cr.P.C. has been filed for extension of period of bail granted by this Court by order dated 23/7/2019 passed in M.Cr.C. No.30049/2019.

In the first half of the day when the case was taken up for hearing, it was realized by the Court that the applicant has already filed some applications on previous occasions for the similar relief, but he has not disclosed the same in the application. Accordingly, the Reader of the Court was directed to collect the information from the Registry and it was directed to call the case in the afternoon session. Thereafter, the applicant has filed additional documents for taking the same on record. Alongwith those documents, he has placed the copy of the order dated 28/8/2019 passed by this Court in M.Cr.C. No.34812/2019 and the order dated 11/9/2019 passed by this Court in M.Cr.C. No.37505/2019. The record of aforesaid M.Cr.Cs. was also placed before this Court.

It is submitted by the counsel for the applicant that he had deliberately not given the details of the previous orders because those orders were passed under Section 439 of Cr.P.C. and since he has filed the present application under Section 482 of Cr.P.C., therefore, as per the MP High Court Rules, he was not under an obligation to disclose the details of the earlier applications.

Heard learned counsel for the applicant.

The necessary facts for disposal of the present case in short are that the applicant is facing trial in Crime No.316/2017 registered at Police Station Maharajpura, District Gwalior for offence under Sections 420, 467, 468 and 471 of IPC. The allegations against the applicant are that the applicant is actively involved in cheating the victims for getting job in Air Force. The applicant filed the 5th application under Section 439 of Cr.P.C., which was registered as M.Cr.C. No.3828/2019 and the said application was allowed by order 28/1/2019 and in view of the health report submitted by the jail authorities, the applicant was granted temporary bail for a period of six months, because according to the health report, the applicant was suffering from squamous cell carcinoma. Thereafter, M.Cr.C. No.30049/2019 was filed and it was mentioned that the treatment of the applicant is going on in MGM Medical College, Indore and 29th/30th July, 2019 has been fixed for operation of the applicant. Although the prayer made by the applicant for grant of temporary bail was opposed by the counsel for the State on the ground that earlier the applicant was granted bail for a period of six months and he had not undergone any operation, but considering the medical report of the applicant, the temporary bail granted to the applicant by order dated 28/1/2019 was extended upto 20/8/2019 and the applicant was directed to file the documents of operation. It appears that thereafter the applicant filed M.Cr.C. No.34812/2019 for grant of bail on the ground of his ill-health, however, it was fairly conceded by the counsel for the applicant that the applicant has not surrendered after 20/8/2019 and accordingly, the bail application under Section 439 of Cr.P.C. was dismissed as not maintainable, as the applicant had not complied the order dated 23/7/2019 passed in M.Cr.C. No.30049/2019. Thereafter, the applicant filed M.Cr.C. No.37505/2019 for grant of bail on the ground that the applicant has been operated upon and since an infection has developed, therefore, he could not surrender before the trial court and he is admitted in the hospital. As no changed circumstance could be pointed out by the counsel for the applicant, therefore, the said application was also rejected by order dated 11/9/2019 passed in M.Cr.C. No.37505/2019 with a specific direction that in case if the applicant surrenders before the trial court, then adequate medical facilities shall be provided to him. Without disclosing dismissal of M.Cr.C. No.34812/2019 and 37505/2019, this petition has been filed under Section 482 of Cr.P.C. for extension of temporary bail on the ground that the applicant has not recovered and now the doctors have opined that the applicant is suffering from cancer of liver also. Only when this Court recollected the facts that the case of the applicant has already been dealt with on earlier occasion and some bail applications with the similar relief have already been rejected and the Reader of the Court was directed to verify the previously instituted bail applications, the applicant came forward by filing the orders passed in the previously instituted bail applications. Thus, it is clear that the applicant and his counsel were very well aware of the previous applications, but they deliberately tried to suppress the material facts for obtaining favorable order by hook and crook. This conduct of the applicant is sufficient to dis-entitle him from the relief sought by him.

Once the applicant was granted temporary bail upto 20/8/2019 and since he has not surrendered before the trial court and an attempt has been made by the applicant to obtain the favourable order by suppressing the material fact of rejection of M.Cr.C. Nos.34812/2019 and 37505/2019, accordingly, this bail application is rejected with a cost of Rs.5,000/- (Rs. Five Thousand Only) to be deposited by the applicant in the account of Legal Aid Services Authority, Gwalior within a period of one month from today.

Accordingly, the application fails and is hereby rejected.