Madhya Pradesh High Court
Mukesh Baghel vs The State Of Madhya Pradesh on 29 June, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.18217/2020
(Mukesh Baghel Vs. State of M.P.)
Gwalior, Dated:-29/06/2020
Shri Pradeep Katare, learned counsel for the applicant.
Shri Sumit Mishra, learned Panel Lawyer for the
respondent/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 second application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Tighra, District Gwalior in connection with Crime No.125/2019 registered in relation to the offence punishable under Sections 306 and 34 of IPC. First application was dismissed as withdrawn with liberty to repeat the same after recording of statement of material witnesses.
It is submitted by learned counsel for the applicant that the incident took place on 31.3.2019 and the deceased died on 1.4.2019. It is submitted that the deceased was medical treated. The present applicant being the husband was present in the Hospital along with 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18217/2020 (Mukesh Baghel Vs. State of M.P.) the family members of the deceased. There is no report being made by the family members with respect to the incident. Marriage has taken place 9 years back. It is argued that the family members have not even made any complaint to the police authorities with respect to commission of offence by the present applicant. On the basis of the merg intimation to the police authorities by the Hospital the report has been lodged on 23.5.2019. The statements of the witnesses have been recorded with much delay without there being any explanation for the delay. The entire story put up by the prosecution appears to be a clear cut afterthought as the family members of the deceased has not even approached the police authorities for lodging the complaint. He is in custody since 12.11.2019 and is ready to abide by all the terms and conditions that may be imposed by this Court while considering his application for grant of bail. No offence under section 304 of IPC is being registered. Offence under section 306 of IPC is being registered and there are no substance available on record to show that any abetment was there is made to the deceased by the present applicant to commit suicide. The applicant has shown his willingness to cooperate in the pandemic situation of COVID-19 and is ready to contribute an amount of Rs.20,000/- towards the PM Cares Fund. Under these circumstances, counsel for the applicant prays for grant of bail to the applicant.
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THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18217/2020 (Mukesh Baghel Vs. State of M.P.) Per contra, counsel for the State has opposed the bail application stating that he is the husband having the utmost responsibility towards the wife, but could not explain the circumstances that why there was no complaint being made by the parents of the deceased. He could not explain the delay in recording the statements by the police authorities of the parents of the deceased which gives an impression that the statements are recorded appears to be an afterthought, however, he prays for dismissal of the application.
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 Territory shall constitute a High Powered Committee 4 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18217/2020 (Mukesh Baghel Vs. State of M.P.) 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, but without commenting upon the merit of the case and looking to the 5 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18217/2020 (Mukesh Baghel Vs. State of M.P.) custody period of the present applicant and also looking to the present scenario of COVID-19 pandemic, 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.1,00,000/-(Rs. One Lac 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.18217/2020 (Mukesh Baghel 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.20,000/- 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 Panel Lawyer 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.
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 7 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18217/2020 (Mukesh Baghel Vs. State of M.P.) 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 2020.06.29 19:12:05 +05'30'