Shilpi Mishra v State of Madhya Pradesh

The applicant Shilpi Mishra filed an application for anticipatory bail apprehending her arrest
in connection with offence of corruption punishable under multiple sections of the UPC and
Prevention of Corruption Act.
The court allowed the application without commenting on the merits of the case, on grounds
that there was no evidence was found to connect her to the offense except for the amount
transferred to her bank account by her husband.

Counsel for the applicant submitted that she is innocent and is falsely implicated in the
offence. Applicant is the wife of Shailendra Singh Thakur and hence only because Shailendra
transferred the amount to her account, she cannot be said to be involved in the crime. She has
no criminal past. She delivered a baby recently and is ill. She is ready to return the amount
‘under protest’ and is ready to cooperate in investigation. Her reputation will be ruined if she
is arrested.
Counsel for the respondent opposed the prayer for anticipatory bail on the ground that she
received the amount in her bank account and is also involved in the crime. She is also a
beneficiary of the embezzlement and hence should not be released.

According to the prosecution, co-accused Deepti William had applied for a loan. Co-accused
Bhushan Shukla verified the documents submitted and sanctioned a loan of Rs. 56.25 Lackes,
and approved a cash credit limit of 18 Lakh. The amount was transferred to the account of
Mrs. William’s firm Alia Creation. Later, due to non-payment of instalment, the loan amount
became NPA. When bank officials went to the factory of the firm, they found that Deepti
William had taken a loan based on forged documents and embezzled the loan amount. Vijay
Kumar Singh, the Chief Manager of Bank of Maharashtra, lodged an FIR against Mrs.
Williams. During investigation, it was found that cheaper machines were installed in the
factory, than the machines for which quotation was submitted at the time of loan application,
and Bhushan Shukla gave a wrong verification report. The quotation submitted was also
found to be fake. Labour department certificate and electricity bills were prepared by co-
accused Ravi Satpal, based on which co-accused Shailendra Singh Thakur opened an account
in the name of Ahmed Enterprises (from which the machines were to be bought) in Bank of
Baroda. From that account, Rs. 1,10,000/- was transferred to account of Shilpi Mishra. Deepti
William, in connivance with other co-accused persons, embezzled the loan amount and
caused loss to bank of Rs. 95,95,000/-.
 Mohammed Shahid Ali and Tarrenum Jahan v State of Madhya Pradesh and Others
(High Court of MP at Jabalpur) Writ Petition No. 2431 of 2022, on 2nd Feb 2022

Introduction
The parents of a rape victim filed a petition seeking a direction of termination of pregnancy
of their daughter.

Background
The rape victim, is of the age of about 15 years 3 months. She is carrying a 9 weeks
pregnancy. The pregnancy is caused due to rape committed by respondent no.3 Sahil Sheikh.
The court had directed the medical board of MY Hospital, Indore, to examine the victim and
submit a report. The board submitted that the victim is carrying 9 weeks pregnancy and there
would be minimum risk in terminating her pregnancy.

Arguments Raised
Counsel for the petitioner submitted that neither the victim nor her parents are willing to
continue with the said pregnancy.
She also submitted that the termination may be done in MY Hospital as better medical
facilities are available there.

Observations of the Court

The court cited Sunderlal v State of MP, for the position taken by MP High Court that a
victim of rape cannot be compelled to give birth to child of a rapist. Pregnancy can be
terminated if the conditions enumerated in the Act of 1971 are accomplished. The rape victim
has a right to take decision regarding termination of pregnancy and such right flows out of
Article 21 of the Indian Constitution. The court referred to the Supreme Court’s judgment in
Chandrakant Jayantilal Suthar v State of Gujarat for the position.

Directions
The victim will be produced before the Superintendent of MY Hospital on 4th February for
termination of pregnancy.
It directed the committee of MY Hospital to examine victim’s condition and conduct the
termination if there are no complications. It also directed the Superintendent of the Hospital
to personally monitor the termination to ensure extreme care and caution. The hospital will
provide medical aid and assistance to the victim after termination, free of costs. They are
directed to keep DNA sample of the foetus safe. The compliance must be stricto sensu, given
great urgency in the matter.