Madhya Pradesh High Court
Smt. Seema Bai vs The State Of Madhya Pradesh on 21 October, 2020
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH 1
MCRC No. 39931/2020
Smt. Seema Bai vs. State of MP
Gwalior, Dated :21/10/2020
Shri Manas Dubey, counsel for the applicant.
Shri Ravi Ballabh Tripathi, Panel Lawyer for the respondent/
State.
Heard finally through Video Conferencing.
Case diary is available.
This fourth application under Section 439 of CrPC has been filed for grant of bail. First, second and third applications were dismissed as withdrawn by orders dated 4/8/2020, 29/08/2020 and 23/09/2020 passed in MCRC Nos.24988/2020, 28519/2020 and 33772/2020 respectively.
The applicant has been arrested on 12/07/2020 in connection with Crime No.373/2019 registered at Police Station Raghogarh, District Guna for offence under Section 34(2) of MP Excise Act.
It is submitted by the counsel for the applicant that the applicant has a criminal history and four more cases under Section 34 of the Excise Act were registered against him. According to the prosecution case, 70 bulk liters of country-made liquor was seized from the possession of the applicant. It is submitted that in view of the criminal antecedents, the applicant is ready and willing to abide by any stringent condition which may be imposed by this Court.
Per contra, the application is opposed by the counsel for the State.
THE HIGH COURT OF MADHYA PRADESH 2MCRC No. 39931/2020
Smt. Seema Bai vs. State of MP 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, depending upon the nature of offence, the number of years to which he or she has been sentenced or THE HIGH COURT OF MADHYA PRADESH 3 MCRC No. 39931/2020 Smt. Seema Bai vs. State of MP 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 facts and circumstances of the case and without commenting on the merits of the case as well as the fact that in view of Covid 19 pandemic, it is also necessary to decongest the jail but without ignoring the criminal antecedents of the applicant, the application is allowed. Accordingly, it is directed that the applicant shall be released on bail on furnishing cash surety of Rs.3,00,000/- (Rupees three lacs only) to the satisfaction of the Trial Court or C.J.M. or Remand Magistrate (Whosoever is available), to appear before the Court on the dates given by the concerned Court.
The applicant shall also furnish an undertaking that she 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 Covid 19.
The Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS by order dated 7-4-2020 has directed as under :
In these circumstances, we consider it appropriate to direct that Union of India shall ensure that all the prisoners having been released by the States/Union Territories are not left stranded and they are provided transportation to reach their homes or given the option to stay in temporary shelter homes THE HIGH COURT OF MADHYA PRADESH 4 MCRC No. 39931/2020 Smt. Seema Bai vs. State of MP for the period of lockdown.
For this purpose, the Union of India may issue appropriate directions under the Disaster Management Act, 2005 or any other law for the time being in force. We further direct that the States/Union Territories shall ensure through Directors General of Police to provide safe transit to the prisoners who have been released so that they may reach their homes. They shall also be given an option for staying in temporary shelter homes during the period of lockdown.
Accordingly, it is directed that before releasing the applicant, the jail authorities shall get the applicant examined by a competent Doctor and if the Doctor is of the opinion that her Corona Virus test is necessary, then the same shall be conducted. If the applicant is not found suspected of Covid 19 infection or if her test report is negative, then the concerned local administration shall make necessary arrangements for sending the applicant to her house as per the directions issued by the Supreme Court in the case of IN RE :CONTAGION OF COVID 19 VIRUS IN PRISONS (Supra) , and if she is found positive, then the applicant shall be immediately sent to concerning hospital for her treatment as per medical norms.
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 Covid 19. 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 THE HIGH COURT OF MADHYA PRADESH 5 MCRC No. 39931/2020 Smt. Seema Bai vs. State of MP Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take her in custody and would send her to the same jail from where she was released. The applicant is further directed to supply a copy of this bail order to the police station having jurisdiction over her place of residence.
The other conditions of Sections 437, 439 Cr.P.C. shall remain the same.
This order shall remain in force, till the conclusion of Trial. In case of bail jump, or violation of any of the condition(s) mentioned above, this order shall automatically lose its effect.
It is made clear that even a single default in appearance of the applicant before the Trial Court would result in immediate cancellation of this order and the cash surety amount of Rs.3,00,000/-shall automatically stand forfeited without any order of this Court or the Trial Court.
With aforesaid observations, this application is Allowed.
(G.S. Ahluwalia) Judge MKB MAHENDRA KUMAR BARIK 2020.10.22 VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00' 11:31:06 +05'30'