Madhya Pradesh High Court
Rajendra @ Rajan vs State Of Mp on 14 August, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.24378/2020
(Rajendra @ Rajan vs. State of M.P.)
Gwalior, Dated : 14.08.2020
Shri Ajay Raghuvanshi, counsel for the applicant.
Shri Sumit Mishra, 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 third application u/S 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Aron, District Guna in connection with Crime No.419/2019 registered in relation to the offence punishable under Section 34(2) of M.P. Excise Act. Earlier application was dismissed as withdrawn vide order dated 13.12.2019 passed in M.Cr.C. No.51209/19.
It is submitted that as per the prosecution story the applicant was found in possession of 55 litres of illicit country made liquor. He is in custody since 19.08.2019. It is submitted that owing to the criminal history of the present applicant he has to suffer a long conviction period. It is argued that as per the State authorities, 19 criminal cases were shown to have been registered against the present applicant. He has drawn attention of this Court to the criminal history submitted by the 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.24378/2020 (Rajendra @ Rajan vs. State of M.P.) State authorities and has argued that just to increase the criminal history of the present applicant the offences are repeatedly shown in the history. Offences mentioned at S.No. 1, 2 and 3 are repeated at S.No.9, 10 and 11. As per the applicant's counsel 16 cases were registered against the present applicant and in four cases he has been acquitted. The order sheets of the four cases are filed by the counsel for the applicant. It is submitted that three cases were registered under Section 110 of Cr.P.C. and as per the information given to him the applicant is convicted in one case registered at Crime No.382/2008 for offence under Section 376 of IPC against which an appeal was filed before the Hon'ble High Court and his suspension application was allowed. His sentence has already been suspended by this Court. It is argued that as far as other offences are concerned, the offences are old cases. Looking to the custody period of the present applicant, he submits that his application for grant of bail may be considered. He is ready to abide by all the terms and conditions that may be imposed by this Court and has shown his willingness to contribute an amount of Rs.15,000/- towards the PM Care Fund. On these grounds, he prays for grant of bail.
Per contra, counsel for the State has opposed the bail application stating that the applicant is having a big criminal history, but the State counsel is not in a position to explain how the criminal cases mentioned in the criminal history of the applicant are being repeated. The only argument advanced by the State counsel is that the same may be a typographical error but the SHO who has submitted the present criminal 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.24378/2020 (Rajendra @ Rajan vs. State of M.P.) history should have been vigilant while submitting the details of criminal history.
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 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." Considering the overall facts and circumstances of the case and looking to the custody period of the present applicant, this Court deems it appropriate to allow this application. Accordingly, the application is allowed. The applicant is directed to be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rs. One Lac Only) with one 4 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.24378/2020 (Rajendra @ Rajan vs. State of M.P.) 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 he 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 Police Officer, as the case may be;
4. The applicant shall not involve any other offence, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of 5 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.24378/2020 (Rajendra @ Rajan vs. State of M.P.) the trial Court/Investigating Officer, as the case may be.
7. The applicant shall mark his attendance before the concerned police station in the first week of every month, till conclusion of investigation (pending if any) and if charge sheet is being filed, he will mark his presence as per the directions issued by the concerning trial Court.
8. Applicant shall deposit Rs.15,000/- 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 a period of seven days from the date of his release.
9. 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 Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned 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 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. 6
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.24378/2020 (Rajendra @ Rajan vs. State of M.P.) 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.
As far as the conduct of the SHO, Police Station Aron is concerned in giving wrong information regarding the criminal history of the present applicant before this Court, let the matter be forwarded to the Superintendent of Police, District Guna to take appropriate action against the concerning SHO. The aforesaid direction is issued taking into consideration the fact that the details of criminal history are wrongly placed before this Court on several occasions. Either no criminal history is being shown against the accused or incorrect information are being placed before the Court.
The Superintendent of Police Guna is also directed to issue appropriate directions to the concerning SHO to remain cautious in future while submitting the detailed particulars regarding the criminal history if they are called by the Court.
A copy of this order be sent to the concerning Superintendent of Police Guna for necessary compliance.
Let the action taken report be submitted before this Court within a period of one month.
(VISHAL MISHRA) JUDGE van SMT VANDANA VERMA 2020.08.14 19:31:41
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