Madhya Pradesh High Court
Dinesh Kaushal vs The State Of Madhya Pradesh on 9 September, 2020
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 THE HIGH COURT OF MADHYA PRADESH MCRC-32404-2020 Dinesh Kaushal Vs. State of MP Gwalior, dated: 09.09.2020 Shri V.K. Saxena, Senior Counsel with Shri Ayush Saxena, Counsel for the applicant.
Shri Sohit Mishra, Counsel for the State. Heard finally, through video conferencing. Case diary is not available, therefore, this application is being considered on the basis of the grounds raised in the application as well as the facts mentioned in the rejection order.
This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No. 493/2020 registered at Police Station Dehat District Bhind for offence under Sections 304-B, 498-A, 34 of IPC.
It is submitted by the Counsel for the applicant that the applicant is the younger brother-in-law (Devar) of the deceased. The applicant is suffering from Cyanotic Congenital Heart Disease and he is required to undergo periodical treatment. It is further submitted that the deceased was married to the elder brother of the applicant in the year 2015 and at the time of marriage, the brother of the applicant was working on the post of Sub-Engineer and was posted in the Municipal Corporation, Morena and just two years prior to the date of incident, he was transferred to Municipal Council, Bhind and was residing separately. The tendency to falsely implicate the near and dear relatives of the husband is increasing and it is clear from the rejection order that there is no specific allegation against the applicant. It is further submitted that looking to the medical health of the applicant, this bail application may be decided without waiting for the case diary.
2THE HIGH COURT OF MADHYA PRADESH MCRC-32404-2020 Dinesh Kaushal Vs. State of MP Per contra, the application is 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 Powered Committee to determine the category of prisoners who should be released as aforesaid, 3 THE HIGH COURT OF MADHYA PRADESH MCRC-32404-2020 Dinesh Kaushal Vs. State of MP 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, and in view of the medial documents which have been filed by the applicant to show that he is suffering from Cyanotic Congenital Heart Disease and without commenting on the merits of the case, the application for grant of anticipatory bail is allowed. It is directed that if the applicant appears before the investigating officer on or before 21.09.2020 and furnishes his 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 investigation officer, then he shall be released on bail. 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.
The applicant is 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 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. 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 438 of Cr.P.C. shall remain the 4 THE HIGH COURT OF MADHYA PRADESH MCRC-32404-2020 Dinesh Kaushal Vs. State of MP same.
In case of 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 Abhi Digitally signed by ABHISHEK CHATURVEDI Date: 2020.09.11 10:12:04 +05'30'