Madhya Pradesh High Court
Laxman Lodhi vs State Of Mp on 20 July, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
CRA-4001-2021
Laxman Lodhi Vs. State of MP and anr.
Through Video Conferencing
Gwalior, Dated : 20-07-2021
Shri R.S. Yadav, Counsel for the appellant.
Smt. Padmshri Agrawal, Counsel for the respondent No.
1/State.
None for the respondent No. 2/complainant. It is submitted by the counsel for the State that the complainant has been informed about the pendency of this appeal as required under Section 15-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short "Act").
Case diary is available.
This first criminal appeal under Section 14-A(2) of the Act has been filed for grant of bail.
The appellant has been arrested on 27.06.2021 in connection with Crime No.153/2021 registered by Police Station Tyonda Distt. Vidisha for offence punishable under Sections 327, 294, 323, 506, 34 of IPC and Sections 3(2)(va), 3(1)(n) and 3(1)(/k) of the Act.
It is submitted by the counsel for the appellant that according to the prosecution case, on 03.06.2021 at about 09:30 PM, when the complainant was coming back from his field, he met with co-accused Bablesh in front of the shop of the applicant, who demanded money for purchasing liquor. When the complainant refused to do so then 2 THE HIGH COURT OF MADHYA PRADESH CRA-4001-2021 Laxman Lodhi Vs. State of MP and anr.
Bablesh gave a lathi blow on the right hand of the complainant. Co- accused Kallu also came on the spot and after throwing him on the ground assaulted by means of a lathi causing injury on the right side of his face. At that time, the appellant came there and insulted and humiliated the complainant by calling him by his caste name and caused injury on the right leg of Angoori Bai. While fleeing away, all the three accused persons including the applicant extended a threat to life. It is submitted that so far as the appellant is concerned, there is no allegation that he demanded any money for purchasing the liquor. Only allegation is that he insulted and humiliated the complainant by calling him by his caste name and also assaulted Angoori Bai. The appellant is in jail from 27.06.2021 and the Trial is likely to take sufficiently long time.
Per contra, the appeal is opposed by the counsel for the State. It is fairly conceded that the complainant has not sustained any grievous injury as per the MLC. However, it is submitted that three more criminal cases have been registered against the appellant. One was registered in the year 2002 for offence under Section 324 of IPC. Another was registered in the year 2010 for offence under Sections 294, 323, 506 of IPC and third was registered in the year 2018 for offence under Sections 341, 323, 294, 506 of IPC. However, it is fairly conceded that except the above-mentioned offences, no case is 3 THE HIGH COURT OF MADHYA PRADESH CRA-4001-2021 Laxman Lodhi Vs. State of MP and anr.
registered against the appellant for any heinous offence.
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 Powered Committee to determine the category of 4 THE HIGH COURT OF MADHYA PRADESH CRA-4001-2021 Laxman Lodhi Vs. State of MP and anr.
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 second wave of Covid19 pandemic, it is also necessary to decongest the jail, and without commenting on the merits of the case, it is directed that the appellant be released on bail, on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac) with one surety in the like amount to the satisfaction of the Trial Court or C.J.M. or Remand Magistrate (Whosoever is available). The appellant shall also furnish an undertaking that he shall follow 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.
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.5
THE HIGH COURT OF MADHYA PRADESH CRA-4001-2021 Laxman Lodhi Vs. State of MP and anr.
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 appellant, the jail authorities shall get the appellant 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 appellant 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 appellant 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 appellant shall be immediately sent to concerning hospital for his treatment as per medical norms. The appellant 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 appellant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this 6 THE HIGH COURT OF MADHYA PRADESH CRA-4001-2021 Laxman Lodhi Vs. State of MP and anr.
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 appellant 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.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
With aforesaid observations, this appeal is Allowed.
(G.S. Ahluwalia) Judge Abh ABHISHEK CHATURVEDI 2021.07.20 17:16:45 +05'30'