Madhya Pradesh High Court
Smt.Ariti Sharma@Laxmi Mishra vs The State Of Madhya Pradesh on 29 August, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.28062/2020
(Smt.Aarti Sharma alias Laxmi Mishra Vs. State of M.P.)
Gwalior, Dated:-29/8/2020
Shri Avinash Kulshrestha, learned counsel for the applicant.
Shri Rohit Shrivastava, 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 fourth application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Civil Line, District Morena in connection with Crime No.420/2019 registered in relation to the offence punishable under Sections 147, 452, 323, 363 and 366 of IPC.
It is submitted by learned counsel for the applicant that the applicant is in custody since 21.7.2019. It is further submitted by learned counsel that the charge-sheet has been filed in the matter and there is no criminal history of the present applicant. Earlier bail applications of the applicant have already been rejected on merits. It 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.28062/2020 (Smt.Aarti Sharma alias Laxmi Mishra Vs. State of M.P.) is argued by the learned counsel for the applicant that the trial is withheld, therefore, the present application be considered for grant of interim bail to the applicant. She is ready to abide by all the terms and conditions as may be imposed by this Hon'ble Court. The applicant has shown her willingness to cooperate in the pandemic situation of COVID-19 and is ready to contribute an amount of Rs.10,000/- towards the PM Cares Fund. Under these circumstances, counsel for the applicant prays for grant of bail to the applicant.
Per contra, counsel for the State has opposed the bail application stating that the earlier applications have already been considered on merits.
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 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.28062/2020 (Smt.Aarti Sharma alias Laxmi Mishra Vs. State of M.P.) 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, 4 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.28062/2020 (Smt.Aarti Sharma alias Laxmi Mishra Vs. State of M.P.) which the Committee may consider appropriate." Considering the overall facts and circumstances of the case and looking to the fact that trial is withheld and applicant is in custody since 21.7.2019 and looking to the fact that applicant has shown her willingness to cooperate in the pandemic situation of COVID-19 and is ready to contribute an amount of Rs.10,000/- towards the PM Cares Fund, this Court deems it appropriate to allow this application for a period of 90 days. The application is allowed.
The interim bail is extended for period of 90 days from date of release. The applicant is directed to be released for a period of 90 days (from the date of her release) on interim bail on her furnishing personal bond 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 she will have to install Arogya Setu App, if not already installed. The applicant shall surrender before concerned trial Court on completion of 90 days from the date of release and information to this effect shall be sent 5 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.28062/2020 (Smt.Aarti Sharma alias Laxmi Mishra Vs. State of M.P.) by the court concerned to Registry of this court.
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 her;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her 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 she 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.10,000/- 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 her residential address in the said area and it would be the duty of the State Counsel 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. 6
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.28062/2020 (Smt.Aarti Sharma alias Laxmi Mishra 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 she 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 her 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 2020.08.29 16:55:28 +05'30'