Madhya Pradesh High Court
Halka@Purushottam Kushwaha vs State Of Madhya Pradesh on 7 July, 2020
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1 MCRC No.18503/2020
HIGH COURT OF MADHYA PRADESH
MCRC No.18503/2020
(Halka @ Purshottam Kushwah Vs. State of M.P.)
Gwalior, Dated:07/7/2020
Shri Jitendra Kr. Sharma, learned counsel for the applicant.
Shri Ravindra Singh Kushwah, learned Dy. Advocate
General for respondent/State.
Matter is heard through Video Conferencing. I.A. No. 5799/2020, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.
This is the third bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
Applicant has been arrested on 24/8/2019 in connection with Crime No.103/2019 registered at Police Station Saraichhola, District Morena for offence under Sections 323, 324, 294 and 506/34 of the IPC and later added Sections 302 and 325 of the IPC.
It is submitted by learned counsel for the applicant- Halka @ Purshottam Kushwah that this is the third bail application of the applicant. Earlier application was dismissed on merits with liberty to revisit the Court after recording of some important prosecution witnesses but due to present COVID-19 condition, the working of trial Courts is adversely affected and there is no possibility of commencement of the trial in near future. It is further 2 MCRC No.18503/2020 submitted that after the rejection of second bail application of the applicant, co-accused Baniya Kushwah has been granted interim bail by this Court for a period of two months by order dated 02/6/2020 passed in MCRC No. 10319/2020 and the case of the present applicant is on the same footing. Hence, prays for grant of regular bail or interim bail for a period of two months. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.
Learned State counsel for the State has vehemently opposed the submissions and has submitted that there is no change in circumstance under which this third bail application could be considered. Hence, prayed to reject the bail application.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the available record.
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 Level Committee to consider the release of prisoners in order to decongest the prisons. The Supreme 3 MCRC No.18503/2020 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 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."
In view of the aforesaid, considering the facts and circumstances of the case, as the working of trial Courts is adversely affected due to present COVID-19 condition and the Courts are unable to dispense with the routine judicial work, without commenting upon the merits of the case, prayer for interim bail for a period of two months is allowed and it is hereby directed 4 MCRC No.18503/2020 that the applicant shall be released on bail for a temporary period of two months from the date of his release on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the trial Court. The applicant shall surrender before the trial Court immediately after completion of two months. The intimation regarding surrender of the applicant be furnished to this Court. In case of failure to comply the order, this bail order shall automatically stand cancelled.
In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if his test is found positive then the applicant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, 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 the 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 5 MCRC No.18503/2020 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.
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 herself/himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them 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/she is accused;
5. The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
and
7. The applicant will inform the SHO of concerned police station about him/his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.
8. The applicant shall enroll himself with the District Magistrate, Morena as "COVID-19 6 MCRC No.18503/2020 Warrior" by entering his name in a Register named as COVID-19 WARRIOR REGISTER.
The applicant then, shall be assigned work of COVID-19 disaster management at the discretion of District Magistrate Morena by taking all prescribed precautions. The nature, quantum and duration of the work assigned is left to the the wisdom of District Magistrate, Morena. This Court expects that the applicant shall rise to the occasion to serve the society in such crisis by discharging his fundamental duty of rendering national service when called upon to do so as per Article 51-A(d) of the\constitution.
Registry is directed to communicate this order through e-mail to the concerned District Magistrate for compliance.
The District Magistrate concerned is directed to intimate this Court in case condition No.8 is not complied with and on receipt of any such intimation, Registry is directed to list the matter before appropriate Bench as PUD.
Application stands disposed of in above terms. E-copy of this order be sent to the Court concerned for compliance.
Certified copy/ e-copy as per rules/directions.
(Rajeev Kumar Shrivastava)
AKS Judge
ALOK KUMAR
2020.07.07
18:33:39
+05'30'