Madhya Pradesh High Court
Shahid Khan vs State Of Mp on 23 July, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.21950/2020
(Shahid Khan Vs. State of M.P.)
Gwalior, Dated:-23/7/2020
Shri S.K. Tiwari, learned counsel for the applicant.
Shri Purshottam Rai, learned Panel Lawyer for the
respondent/State.
In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.
Heard the learned counsel for the parties. The applicant has filed this first application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Aron, District Guna in connection with Crime No.402/2020 registered in relation to the offence punishable under Section 49-A of M.P. Excise Act.
It is submitted by counsel for the applicant that the applicant is in custody since 18.6.2020 and as per the prosecution case 5 liters of liquor is alleged to have been seized from the possession of the applicant which is unfit for human consumption. It is submitted that as far as the criminal history of the present applicant is concerned, it 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.21950/2020 (Shahid Khan Vs. State of M.P.) is stated by the State Counsel that there are 11 criminal cases registered against the present applicant. It is argued that applicant's wife has given an affidavit to the effect that as on date only three criminal cases are pending against the present applicant that too the cases were registered prior to year 2016. Rest of the cases are all close down. It is submitted that the applicant is in custody since 18.6.2020 and he is ready to abide by all the terms and conditions as may be imposed by this Court. The affidavit of Sultana W/o Shahid Khan was sworn on 14.7.2020 and was filed by the counsel for the applicant on 22.7.2020. The applicant has shown his willingness to cooperate in the pandemic situation of COVID-19 and is ready to contribute an amount of Rs.10,000/- towards the PM Cares Fund. Under these circumstances, he prays for grant of bail.
Per contra, counsel for the State has opposed the bail application stating that applicant is a history-sheeter having a criminal history of 11 cases. He is unaware of the fact that only three cases are pending because order-sheets have not been filed by the applicant's counsel. It is submitted that the investigation is pending in the matter, and therefore, he prays for rejection of the bail application.
The Hon'ble Supreme by order dated 23.03.2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.21950/2020 (Shahid Khan Vs. State of M.P.) 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 :-
"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 4 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.21950/2020 (Shahid Khan Vs. State of M.P.) 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 overall facts and circumstances of the case and the affidavit of the wife of the applicant and also looking to the present scenario of COVID-19 pandemic, this Court deems it appropriate to allow this application subject to verification of the fact that as on date only three cases are pending against the present applicant that too of the year prior to 2016. The application is allowed.
The applicant is directed to be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/-(Rs. One Lac Only) with one solvent surety of the like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written undertaking and the applicant will abide by all terms and 5 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.21950/2020 (Shahid Khan Vs. State of M.P.) conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic and he will have to install Arogya Setu App, if not already installed.
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 him from disclosing such facts to the Court or to the 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 seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The applicant shall deposit Rs.10,000/- in PM CARES Fund 6 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.21950/2020 (Shahid Khan Vs. State of M.P.) having Account Number : 2121PM20202, IFSC Code:
SBIN0000691, SWIFT Code : SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch within seven days from today.
8. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the State counsel to send E-copy of this order to SHO of concerned police station as well as concerned Superintendent of Police who shall inform the concerned SHO regarding the same.
9. The applicant shall mark his attendance before the concerned police station in first week of every month till conclusion of investigation (pending if any), and if charge sheet is being filed, he will mark his presence as per the directions issued by the concerning trial Court.
10. In case of involvement of the present applicant in any other offence the benefit of bail granted by this Court shall stand cancelled automatically.
Application stands allowed and disposed of. In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up 7 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.21950/2020 (Shahid Khan Vs. State of M.P.) action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.
E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.
(Vishal Mishra) Judge Pawar* ASHISH PAWAR 2020.07.23 16:41:16 +05'30'