Madhya Pradesh High Court
Ajay Kumar vs State Of Mp on 20 October, 2020
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 THE HIGH COURT OF MADHYA PRADESH
MCRC No.40043/2020
Ajay Kumar vs. State of M.P.
Gwalior, Dated : 20/10/2020
Shri Vikram Singh Chauhan, Counsel for the applicant.
Shri Sankalp Sharma, Panel Lawyer for the respondent/State.
Heard through Video Conferencing.
Case diary is available.
This second application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 08.08.2020 in connection with Crime No.85/2020 registered at Police Station - Excise Department Circle Mehgaon District Bhind for offence under Section 34(2) of Excise Act.
It is submitted by the counsel for the applicant that according to the prosecution case, 243 bulk litres of liquor has been seized from the joint possession of the applicant and the co-accused. The applicant is in jail from 08.08.2020. It is further submitted that looking to the quantity of the liquor allegedly seized from the possession of the applicant, the applicant is ready and willing to abide by any stringent condition, which may be imposed by the Court. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. This Court by order dated 9.10.2020 passed in M.Cr.C.No.38200/2020 has granted bail to the co- accused Gaurav Bhadoriya.
2 THE HIGH COURT OF MADHYA PRADESH MCRC No.40043/2020 Ajay Kumar vs. State of M.P. Per contra, the application is vehemently opposed by the Counsel for the State.
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 (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
3 THE HIGH COURT OF MADHYA PRADESH MCRC No.40043/2020 Ajay Kumar vs. State of M.P. 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 allegations as well as considering the fact that in view of Covid19 pandemic, it is also necessary to decongest the jail but without commenting on the merits of the case, the application is allowed. 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 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. It is further directed that the applicant shall mark his presence before the SHO, Police Station - Excise Department Circle Mehgaon District Bhind on first of every month for a period of one year.
The Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS by order dated 7-4-2020 has 4 THE HIGH COURT OF MADHYA PRADESH MCRC No.40043/2020 Ajay Kumar vs. State of M.P. 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 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
5 THE HIGH COURT OF MADHYA PRADESH MCRC No.40043/2020 Ajay Kumar vs. State of M.P. 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 them 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 (alok) ALOK KUMAR 2020.10.21 11:11:58 +05'30'