Madhya Pradesh High Court
Neeraj Sharma vs The State Of Madhya Pradesh on 27 May, 2020
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
THE HIGH COURT OF MADHYA PRADESH
MCRC-14346-2020
(NEERAJ SHARMA Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated :27/05/2020
Shri Rajiv Sharma, learned counsel for the applicant.
Shri C.P. Singh, learned Panel Lawyer for the respondent-
State.
Matter is heard through video conferencing. The applicant has filed this first application u/S.439, Cr.P.C. for grant of bail.
Applicant has been arrested on 07.03.2020 by Police Station Nateran, District Vidisha, (M.P.) in connection with Crime No.37/2019 registered for offence under Sections 408, 420, 467, 471, 477-A and 406 of IPC.
Learned counsel for the applicant- Neeraj Sharma has submitted that the applicant has been falsely implicated in the case. The present applicant is an Assistant Manager in a Cooperative Society. He has not committed any offence and no breach of trust has been committed by the present applicant. He is in custody since 07.03.2020. The breach of trust, as per the prosecution story, has been committed between the period from the year 2011 to 2019 and alleged amount is around Rs.11,16,000/-. It is further submitted that earlier bail application of the present applicant under Section 438 of Cr.P.C. has been rejected by this Court wherein it was directed that THE HIGH COURT OF MADHYA PRADESH MCRC-14346-2020 (NEERAJ SHARMA Vs THE STATE OF MADHYA PRADESH) the applicant shall surrender before the trial Court. Thereafter, the applicant surrendered before the trial Court on 07.03.2020 and since then he is in custody. Investigation is over and charge-sheet has been filed. 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- 9 Pandemic and maintain hygiene in the vicinity while keeping physical distancing. Therefore, prays for grant of bail.
Learned State counsel has vehemently opposed the submissions and has submitted that the offence has been committed by the public servant and he has caused breach of trust. It is further submitted that a huge public money is involved in this case. 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 case-diary.
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 HIGH COURT OF MADHYA PRADESH MCRC-14346-2020 (NEERAJ SHARMA Vs THE STATE OF MADHYA PRADESH) 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 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."
THE HIGH COURT OF MADHYA PRADESH MCRC-14346-2020 (NEERAJ SHARMA Vs THE STATE OF MADHYA PRADESH) In view of the aforesaid and considering the facts and circumstances of the present case, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on her furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety of the like amount to the satisfaction of the Chief Judicial Magistrate of the concerned district. Chief Judicial Magistrate shall ensure that after furnishing bail, the bail papers are sent to the Court concerned.
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 he is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if he is found positive then the applicant shall be immediately sent to concerning hospital for 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 THE HIGH COURT OF MADHYA PRADESH MCRC-14346-2020 (NEERAJ SHARMA Vs THE STATE OF MADHYA PRADESH) 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 in custody and would sent her 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 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 is accused;
THE HIGH COURT OF MADHYA PRADESH MCRC-14346-2020 (NEERAJ SHARMA Vs THE STATE OF MADHYA PRADESH)
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 her 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, Vidisha 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 Vidisha by taking all prescribed precautions. The nature, quantum and duration of the work assigned is left to the the wisdom of District Magistrate, Vidisha. 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 THE HIGH COURT OF MADHYA PRADESH MCRC-14346-2020 (NEERAJ SHARMA Vs THE STATE OF MADHYA PRADESH) 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 allowed and disposed of. E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Rajeev Kumar Shrivastava) Judge vpn VIPIN KUMAR AGRAHARI 2020.05.27 VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00' 15:32:36 +05'30'