Madhya Pradesh High Court
Rakesh vs The State Of Madhya Pradesh on 20 August, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.26703/2020
(Rakesh Vs. State of M.P. )
Gwalior, Dated:-20/8/2020
Shri Ravi Dwivedi, learned counsel for the applicant.
Shri Rajesh Shukla, learned Deputy Advocate General for the
respondent/State.
Shri Ashish Saraswat, learned counsel for the complainant. 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 taken up 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 on I.A.No.12859/2020, an application under Section 301 (2) of Cr.P.C.
For the reasons mentioned in the application, I.A.No.12859/2020 is allowed and counsel for the complainant and his associates are permitted to assist the learned Panel Lawyer in the matter.
Heard the learned counsel for the parties.
The applicant has filed this sixth repeat application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Noorabad, District Morena in connection with Crime 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.26703/2020 (Rakesh Vs. State of M.P. ) No.194/2018 registered in relation to the offence punishable under Section 307, 249/34 of IPC.
It is submitted by counsel for the applicant that earlier applications of the applicant were rejected after arguments. The applicant is in custody since 29.11.2018 and looking to the present scenario of COVID-19 there is no likelihood of Trial Court functioning on regular basis, therefore, the statements could not be recorded and trial is withheld. The counsel for the applicant has placed reliance upon the judgment passed by the Hon'ble Supreme Court in the case Bhausaheb Nagu Dharvare Vs. State of Maharashtra & anr. Reported in 2001(3) Crimes 410 (SC). It is submitted that in similar circumstances the Hon'ble Supreme Court has allowed the bail application looking to the custody period of eight months. The applicant is in custody since 29.11.2018. As far as criminal history pointed out by the counsel for the State is concerned, the aforesaid are minor offences registered against the present applicant and he is already on bail in those offences. He is ready to abide by all the terms and conditions as may be imposed by this Court. It is submitted by counsel for the applicant that looking to the present scenario of COVID-19 pandemic, he prays for grant of bail. The applicant has shown his willingness to cooperate in the pandemic situation of COVID-19 and is ready to contribute an amount of 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.26703/2020 (Rakesh Vs. State of M.P. ) Rs.10,000/- towards the PM Cares Fund.
Per contra, counsel for the State as well as counsel for the complainant have opposed the bail application stating that the applicant is a principal accused and the allegation of inflicting fire arm injury is on the present applicant. It is submitted that the earlier applications were dismissed as withdrawn after detailed arguments and the fourth application was rejected after making observations in detail, but the fact that the applicant is in custody from 29.11.2018 could not be disputed by them.
The Hon'ble Supreme by order dated 23.03.2020 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 :-
"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 4 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.26703/2020 (Rakesh Vs. State of M.P. ) 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." Taking into consideration the overall facts and circumstances of 5 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.26703/2020 (Rakesh Vs. State of M.P. ) the case coupled with the fact of COVID-19 scenario and the fact that the applicant is in custody since 29.11.2018, this Court deems it appropriate to allow this application. The application is allowed.
The applicant is directed to be released on bail on his furnishing personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand 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 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 6 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.26703/2020 (Rakesh 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 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 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 and third 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.7
THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.26703/2020 (Rakesh Vs. State of M.P. )
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 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 2020.08.20 16:51:15 +05'30'