Madhya Pradesh High Court
Deependra Parihar vs The State Of Madhya Pradesh on 4 June, 2020
Equivalent citations: AIRONLINE 2020 MP 1257
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 15822/2020 Deependra Parihar vs. State of MP Gwalior, Dated : 04/06/2020 Smt. Uma Kushwah, Counsel for the applicant. Shri Anmol Khedkar, Counsel for the State. Heard finally through Video Conferencing. Case diary is available.
Office has listed this case on the question of maintainability of petition along with M.Cr.C. No. 15790/2020.
It is submitted by the counsel for the applicant that in fact, two criminal cases, i.e., Crime No. 271/2020 and Crime No. 252/2020 have been registered under different sections by Police Station Dabra Dehat District Gwalior. The applicant has also filed M.Cr.C. No. 15790/2020, which arises out of Crime No. 271/2020, however, by mistake, while uploading the E-file, the order-sheets of the Sessions Court passed in Crime No. 252/2020 (present case) was also uploaded in the M.Cr.C. No.15790/2020 in place of the order passed in Crime No.271/2020. The corrected order has now been uploaded in M.Cr.C. No.15790/2020 and since wrong order was uploaded in the said bail application, therefore, the office has treated that both the applications arises out of Crime No. 252/2020, whereas M.Cr.C. No.15790/2020 arises out of Crime No. 271/2020 and it is specifically mentioned in the details of the crime.
Considering the submissions made by the counsel for the THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 15822/2020 Deependra Parihar vs. State of MP applicant, E-file of M.Cr.C. No.15790/2020 was called and contention of the applicant has been found to be correct.
Accordingly, the objection raised by the office with regard to the maintainability of this application is hereby overruled.
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 23.03.2020 in connection with Crime No.252/2020 registered at Police Station Dabra Dehat District Gwalior for offence under Section 392 of IPC and Section 11/13 of MPDVPK Act.
It is submitted by the Counsel for the applicant, that according to the prosecution case, on the information given by the applicant, the other co-accused persons looted Rs.78,895/- from the complainant. The applicant has been impleaded as an accused on the basis of the confessional statement of the co-accused, which is not admissible. Nothing has been seized from the possession of the applicant and even the applicant was not put for Test Identification Parade.
Per contra, the application is vehemently opposed by the Counsel for the State. However, it is submitted by the counsel for the State that Rs.3,500/- have been seized from the possession of the applicant, but he was not put for Test Identification Parade, whereas THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 15822/2020 Deependra Parihar vs. State of MP Test Identification Parade of other three accused persons was conducted.
In reply, it is submitted by the counsel for the applicant that the recovery of Rs.3,500/- cannot be said to be an incriminating evidence as the currency notes without any specific mark cannot be identified and even otherwise identification of the currency notes has also not been conducted. It is further submitted that in view of the present Covid-19 Pandemic situation, the applicant is willing to contribute for fighting against Covid-19 Pandemic.
Considered the submissions made by the Counsel for the parties through video conferencing.
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 Powered Committee to consider the release of prisoners in order to decongest the prisons. The Supreme Court has observed as under :
"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 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 15822/2020 Deependra Parihar vs. State of MP (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 undertrial 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."
Considering the facts and circumstances of the case and without commenting on the merits of the case, but keeping in mind that the applicant has a criminal history, it is directed that in case, if the applicant deposits an amount of Rs.15,000/- with the Registry of this Court which shall be utilized by the Civil Dispensary functioning in the High Court premises, the application is allowed and it is directed that the applicant be released on bail, on furnishing the personal bond in the sum of Rs.1,00,000 (Rs. One Lac) to the satisfaction of the Trial Court or C.J.M. or Remand Magistrate (Whosoever is available). The applicant shall also furnish an undertaking that he will abide by all the instructions which may be THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 15822/2020 Deependra Parihar vs. State of MP issued by the Central Govt./State Govt. or Local Administration (General or Specific) from time to time for combating Covid19. It is further directed that, the applicant shall also furnish one surety of the like amount to the satisfaction of Trial Court, within a period of one month after the complete lockdown is lifted.
The Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS by order dated 7-4-2020 has directed as under :
In these circumstances, we consider it appropriate to direct that Union of India shall ensure that all the prisoners having been released by the States/Union Territories are not left stranded and they are provided transportation to reach their homes or given the option to stay in temporary shelter homes for the period of lockdown.
For this purpose, the Union of India may issue appropriate directions under the Disaster Management Act, 2005 or any other law for the time being in force. We further direct that the States/Union Territories shall ensure through Directors General of Police to provide safe transit to the prisoners who have been released so that they may reach their homes. They shall also be given an option for staying in temporary shelter homes during the period of lockdown. Accordingly, it is directed that before releasing the applicant, the jail authorities shall get the applicant examined by a competent Doctor and if the Doctor is of the opinion that his Corona Virus test is necessary, then the same shall be conducted. If the applicant is not found suspected of Covid19 infection or if his test report is negative, then the concerned local administration shall make necessary arrangements for sending THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 15822/2020 Deependra Parihar vs. State of MP the applicant to his house as per the directions issued by the Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS (Supra) , and if he is found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. 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 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 in custody and would send him to the same jail from where he was released. The applicant is further directed to supply a copy of this bail order to the police station having jurisdiction over his place of residence.
The other conditions of Section 437,439 Cr.P.C. shall remain the same.
This order shall remain in force, till the conclusion of Trial. In case of bail jump, or violation of any of the condition(s) mentioned above, this order shall automatically lose its effect.
With aforesaid observations, this application is Allowed.
(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2020.06.05 11:36:49 +05'30'