Madhya Pradesh High Court
Smt Guddi Rawat vs State Of Madhya Pradesh on 13 July, 2020
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
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HIGH COURT OF MADHYA PRADESH
MCRC.No.22605/2020
(Smt. Guddi Rawat Vs. State of M.P.)
Gwalior, Dated : 13.07.2020
Shri S.K. Shrivastava, learned counsel for the applicant.
Shri Kamlesh Kori, learned Panel Lawyer for the respondent-State.
Case Diary is perused.
Matter is heard through video conferencing.
The applicant has filed this first bail application under section 439 of the Cr.P.C. for grant of bail.
The applicant has been arrested by Police Station Badoni, District Datia (M.P.) in connection with Crime No.148/2020 registered in relation to the offences punishable under sections 306, 34 of the IPC.
It is submitted by learned counsel for the applicant that the applicant is in custody since 27.06.2020. The present applicant is daughter-in-law of the deceased and husband of the applicant has already died six months back. The present applicant is residing separately and she has not committed any offence. There is no instigation on the part of the present applicant. It is further submitted that one complaint i.e. Annexure A/2 is filed alongwith the petition, wherein it is specifically mentioned that the complainant of this case, who is husband of the deceased, is going to implicate the applicant in any case, so as to compel her to deprive from the inherited property. The allegation has been made with regard to non grant of maintenance to deceased. The applicant is widow and her husband has already died, therefore, there is no claim is made out to award maintenance to maintain the deceased. It is further submitted that 2 HIGH COURT OF MADHYA PRADESH MCRC.No.22605/2020 (Smt. Guddi Rawat Vs. State of M.P.) husband of the deceased and two sons are still alive, therefore, no question arises with regard to award maintenance. Due to Covid-19, there is no possibility of further trial in near future. Hence, prayed for grant of bail to the applicant. She further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.
Learned counsel for the State opposed the application and submitted that the case is registered under Section 306, 34 of the IPC. There is sufficient evidence against the present applicant. Hence, prayed to reject the bail application of the applicant.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the available record.
The Supreme Court by order dated 23-3-2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the prisons. The Supreme Court has observed as under :
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HIGH COURT OF MADHYA PRADESH MCRC.No.22605/2020 (Smt. Guddi Rawat Vs. State of M.P.) "The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID - 19).
Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled.
We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum.
It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate."
Looking to the facts and circumstances of the case but without commenting on merits of the case, the application is allowed. The applicant shall be released on bail on her furnishing a personal bail bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.
In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her Corona Virus test shall be conducted and if it is found negative, then the concerned local 4 HIGH COURT OF MADHYA PRADESH MCRC.No.22605/2020 (Smt. Guddi Rawat Vs. State of M.P.) administration shall make necessary arrangements for sending the applicant to his/her house, and if the test is found positive then the applicant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the applicant is fit for release and if he/she is in a position to make his/her personal arrangements, then he/she shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the same jail from where he/she was released.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the 5 HIGH COURT OF MADHYA PRADESH MCRC.No.22605/2020 (Smt. Guddi Rawat Vs. State of M.P.) Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
7. The applicant will inform the SHO of concerned police station about him/his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.
This application u/S. 439 of CrPC stands disposed of. E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(R.K. Shrivastava)
neetu Judge
SMT NEETU
SHASHANK
2020.07.13
17:54:07
+05'30'