Madhya Pradesh High Court
Bhanupratap Singh vs The State Of M.P. on 30 June, 2020
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
01 M.Cr.C. No.18007/2020
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 18007/2020
(Bhanupratap Singh vs. State of M.P. )
Gwalior, Dated: 30/06/2020
Shri Rajiv Sharma, learned counsel for the applicant.
Shri Anoop Nigam, learned Panel Lawyer for respondent/State.
Shri Rajendra Tiwari, learned counsel for the complainant. Matter is heard through Video Conferencing.
I.A. No. 5392/2020, an application for urgent hearing, and I.A. No. 7552/2020, an application under Section 301 (2) of CrPC on behalf of the complainant, are taken up, considered and allowed for the reasons mentioned therein.
Shri Rajendra Tiwari, Advocate and his associates are permitted to appear on behalf of the complainant to assist the State counsel.
This is first application under Section 439 of CrPC for grant of bail.
The applicant has been arrested on 28/5/2020 in connection with Crime No.222/2020 registered at Police Station Porsa, District Morena for offence under Sections 393, 323 and 34 of the IPC and Section 11/13 of MPDVPK Act.
It is submitted by learned counsel for the applicant Bhanupratap Singh that the applicant has been falsely implicated. He has not committed any offence. Applicant is in custody since more than one month. It is further submitted that co-accused Vikas Singh has already been granted bail by this Court by order dated 18/6/2020 02 M.Cr.C. No.18007/2020 passed in MCRC No.17275/2020 and the case of the present applicant is also on the same footing. Hence, prayed for grant of bail to the applicant on the ground of parity. 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 counsel for the State as well as learned counsel for the complainant have opposed the prayer and have submitted that in the present case, after receiving medical report Section 323 of the IPC has been enhanced and fracture has been caused by the present applicant. It is further submitted by learned State counsel that the applicant has a criminal antecedents of three cases, therefore, parity cannot be claimed. It is also submitted that Test Identification Parade is yet to be conducted. Hence, prayed to reject the bail application of the applicant.
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 03 M.Cr.C. No.18007/2020 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 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 and the fact that co-accused has already been granted bail, without commenting upon the merits of the case, the application is allowed and it is hereby directed that applicant shall be released on bail 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 Court concerned for his regular appearance before the Court concerned on the dates fixed by it.
04 M.Cr.C. No.18007/2020
In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her 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/her house, and if the 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/she is in a position to make her personal arrangements, then he/she 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 shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the same jail from where he/she 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/her;
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 05 M.Cr.C. No.18007/2020 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 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.
06 M.Cr.C. No.18007/2020
This bail order shall be effective from 02/7/2020. Application stands allowed and disposed of.
E-copy of this order be sent to the trial Court concerned for compliance.
Certified copy/ e-copy as per rules/directions.
(Rajeev Kumar Shrivastava)
AKS Judge
ALOK KUMAR
2020.06.30
19:31:47
+05'30'