Madhya Pradesh High Court
Pramod Singh vs The State Of Madhya Pradesh on 7 September, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
HIGH COURT OF MADHYA PRADESH
MCRC.No.31908/2020
(Pramod Singh Vs. State of M.P.)
Gwalior, Dated : 07.09.2020
Shri Pawan Kumar Vijaywargiya, learned counsel for the
applicant.
Shri Alok Sharma, learned Panel Lawyer for the 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 on 06.08.2020 by Police
Station Ambah, District Morena (M.P.) in connection with Crime
No.266/2020 registered in relation to the offence punishable u/Ss. 323,
294, 324, 326, 506 and 34 of IPC.
It is submitted by the counsel for the applicant that the applicant
has been falsely implicated in the case and he has not committed any
offence in any manner. It is further submitted that co-accused Ramveer
and Bhawani Pal have already been enlarged on bail by this Court vide
order dated 27.08.2020 & 02.09.2020 in M.Cr.C.No.29969/2020 and
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HIGH COURT OF MADHYA PRADESH
MCRC.No.31908/2020
(Pramod Singh Vs. State of M.P.)
M.Cr.C.No.31376/2020. The case of the present applicant is exactly
identical to that of co-accused Ramveer and Bhawani Pal. The
applicant is ready to abide by all the terms and conditions that may be
imposed by this court while considering the application for grant of
bail and the applicant has shown his willingness to contribute an
amount of Rs.10,000/- towards the PM Care Fund. There is no
possibility of his absconding or tampering with the prosecution case.
Under these circumstances, learned counsel for the applicant prays for
grant of bail to the applicant.
Per contra, learned Panel Lawyer for the State could not dispute
the fact of the case being in parity with the co-accused Ramveer and
Bhawani Pal. But he fairly submits that there is no criminal antecedent
against the present applicant.
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).
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HIGH COURT OF MADHYA PRADESH
MCRC.No.31908/2020
(Pramod Singh Vs. State of M.P.)
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."
Considering the overall facts and circumstances of the case and
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HIGH COURT OF MADHYA PRADESH
MCRC.No.31908/2020
(Pramod Singh Vs. State of M.P.)
also the fact that the co-accused Ramveer and Bhawani Pal have
already been enlarged on bail by this Court as well as considering the
Covid-19 pandemic scenario, this Court deems it appropriate to allow
this application.
The application is allowed. The applicant is directed to be
released on bail on furnishing his personal bonds 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, 5 HIGH COURT OF MADHYA PRADESH MCRC.No.31908/2020 (Pramod Singh Vs. State of M.P.) 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 move in the vicinity of complainant party and the 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.
7. The applicant shall deposit Rs.10,000/- in PM CARE 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 Panel Lawyer to send E-copy of this order to SHO of concerned police station as well as the concerning Superintendent of Police who shall inform the concerned SHO regarding the same.
Application stands allowed.
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HIGH COURT OF MADHYA PRADESH MCRC.No.31908/2020 (Pramod Singh Vs. State of M.P.) 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)
AK/- Judge
ANAND KUMAR
2020.09.07
18:46:03 +05'30'