While rising up to the occasion and most courageously displaying the highest level of humanity to help an ailing person by going to the extent of stealing a High Court Judge’s car as they were short of time and taking the patient named Ranjit Singh Yadav who was the Vice Chancellor of a private University in Jhansi in Uttar Pradesh to hospital to save his life even though the patient could not be saved and reportedly succumbed to cardiac failure, the Madhya Pradesh High Court in a most learned, laudable, logical, landmark and latest judgment titled Himanshu Shroti & Anr vs State in Misc. Criminal Case No. 56249 of 2023 that was pronounced as recently as on December 18, 2023 also took the most sagacious decision to very rightly grant bail to the two students named Himanshu Shroti and Sukrit Sharma who were booked in Padav police station in Gwalior for stealing a High Court Judge’s car to transport a dying person to the hospital and jailed under robbery charges.
Speaking for myself, I very strongly fell that they not only deserve bail but also deserve to be grandly honoured for having the courage to do anything to save the life of a dying person even though he could not be saved and it is a heroic act which must be always adored and emulated in similar such circumstances! What if they had done virtually just nothing acting on the vested mindset that what will go from our pocket if he dies? Why should we risk our own safety?
It must be asked: If such brave acts are punished by jail then who will ever try to save the life of another person? What will we get if we take the risk will be the thinking of every individual if these two youths are punished? Can this be ever justified under any circumstances? You tell me!
It must also be asked: What trend will be set if such brave young men are jailed for trying to save the life of a patient who still died and who needed prompt help which is what these two young boys were attempting to give? Those Judges who deny bail to such brave acts must feel terribly ashamed of themselves as by rejecting the bail they are lending credence to the belief that we should not risk helping a person who is on the verge of dying and should allow them to die unattended!
I must candidly confess that I am completely bowled over to read the valour of these young boys who demonstrated so much of courage to take the risk of taking away a vehicle and that too of a Judge to save the life of a patient who was on the verge of death without caring that what would happen to them when caught and I will not hide my feelings in expressing my views straight from my heart! I just cannot control my tears from flowing freely on reading the brave act of these young boys who have no criminal past record and who did not damage the vehicle in anyway or had no intention of stealing it then why should they be jailed? For helping a person who was on the verge of dying?
I have just no hesitation to say that only granting bail to them is just not enough! We all who believe in humanity must be proud of these two young boys! They definitely deserve to be greatly honoured on Republic Day as what they have done cannot be done by everyone and in fact is an unpalatable truth that most of us always prefer to care first for our own safety which these young boys just simply disregarded caring only for saving the life of the patient and definitely also displayed the highest level of humanity, courage, greatness and simplicity not caring the least about what would happen with them when caught by police for taking away the car of a Judge and that too a serving Judge!
We had seen how earlier a Special Judge had earlier denied them bail noting that the argument that they were trying to help a sick person was not justified. It was in the fitness of things that former Chief Minister of Madhya Pradesh Mr Shivraj Singh Chouhan intervened urging the Madhya Pradesh High Court Chief Justice to drop the case against the two individuals on humanitarian grounds, given the circumstances surrounding the incident. But the case was still heard on merits as ideally should be done by the Single Judge Bench comprising of Hon’ble Smt Justice Sunita Yadav of Gwalior Bench of Madhya Pradesh High Court and bail was very rightly granted for which this Justice also shall always be remembered at least by those who believe in humanity.
At the very outset, this brief, brilliant, bold and balanced judgment authored by the Single Judge Bench comprising of Hon’ble Smt Justice Sunita Yadav of Gwalior Bench of Madhya Pradesh High Court sets the ball in motion by first and foremost putting forth in the opening para that:
This is the first application filed by the applicants under Section 439 of the Cr.P.C. for grant of bail relating to FIR No. 730 of 2023 registered at Police Station Padav, District Gwalior (M.P.) for the offence under Sections 395 of IPC and section 11/13 of MPDVPK Act.
To put things in perspective, the Bench then while elaborating on the facts of the case envisages in the next para of this robust judgment that:
Learned counsel for the applicants argued that applicants are innocent person and have been falsely implicated. He further argued that applicants are law students and are pursuing their studies.
Further submission is that the entire act of the applicants is bona fide just to save the life of the person, who suffered cardiac arrest. It is further argued that applicants were travelling in the train, in which, the person namely Ranjeet Singh suffered cardiac arrest before them and the Doctor at Morena advised to admit the said person in some hospital at Gwalior for his medical treatment so that his life can be saved.
Therefore, the moment train arrived at Gwalior railway station, the applicants in the state of anxiety and hurry took the vehicle to admit the said person in the hospital for medical treatment. It is further argued that intention behind it was not malafide.
The person who suffered cardiac arrest was admitted in the hospital and had died during medical treatment. The vehicle was not taken away or stolen by the applicants for other than to save the life of the said person who was suffering from cardiac arrest and was on the verge of dying. No damage has been caused to the vehicle.
The police has already recovered the vehicle, therefore, further custodial interrogation of the applicants may not be required. The applicants have no criminal antecedents. The applicants are in custody since 11/12/2023. The applicants are permanent resident of District Gwalior and Shivpuri. Conclusion of trial is likely to take time and there is no likelihood of their absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicants.
It is definitely most gladdening to note that the Bench then notes in the next para of this refreshing judgment that:
Learned counsel for the State fairly submits that he has no objection in case bail is granted to the present applicants.
Needless to say, the Bench then states in the next para of this cogent judgment that:
Heard learned counsel for the rival parties and perused the case diary available on record.
As it turned out, the Bench then further hastens to add in the next para of this commendable judgment that:
Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicants be released on bail on furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each with two local solvent sureties each in the like amount to the satisfaction of the trial Court.
Adding more to what has been already stated hereinabove, the Bench then further stipulates in the next para of this noteworthy judgment that:
This order will remain operative subject to compliance of the following conditions by the applicants:
- The applicants will comply with all the terms and conditions of the bond executed by them;
- The applicants will cooperate in the investigation/trial, as the case may be;
- The applicants will not indulge themselves 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 applicants will not commit any other offence or will not repeat the offence in the future. In case, if they are found involving in the offence of the same nature, this bail order shall stand cancelled automatically without further reference to the Bench.
- The applicants will not seek unnecessary adjournments during the trial; and
- The applicants will not leave India without the previous permission of the trial Court/Investigating Officer, as the case may be.
Be it noted, the Bench then further directs in the next para of this recent judgment that:
Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
What’s more, the Bench then also further directs in the next para of this creditworthy judgment that:
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Finally, the Bench concludes by holding in the final para that:
Certified copy as per rules.
All said and done, it must be conceded that the bail was very rightly granted to these two youths. Advocate Bhanu Pratap Singh Chouhan who fought their case very rightly pleaded that the intention of the students was not criminal and they did everything possible to save the life of a person. Why the hell then should they be jailed or punished?
No doubt, we definitely need such brave youths to save the lives of those in distress! So it is really good to note that these two youths were most commendably granted bail by the Gwalior Bench of High Court which they certainly richly deserved also! These two youths are a rare breed who step forward and try to save the life of a person for which they definitely must be honoured and not sent to jail or punished! I am also fully sure that our lawmakers and Judges too will concede with what I have said here!
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh
