Madhya Pradesh High Court
Shyam Charan Lodhi vs The State Of M.P. on 19 October, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.40022/2020
(Shyam Charan Lodhi Vs. State of M.P.)
Gwalior, Dated:-19/10/2020
Heard through Video Conferencing.
Shri Mayank Bajpai, learned counsel for the applicant.
Shri B.S. Gaur, learned Panel Lawyer for the respondent/State.
Heard the learned counsel for the parties.
The applicant has filed this first application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Bhonti, District Shivpuri in connection with Crime No.196/2020 registered in relation to the offence punishable under Section 392 of IPC and sections 11/13 of M.P.D.V.P.K. Act.
It is submitted by counsel for the applicant that as per the prosecution story the allegation against the present applicant is committing loot along with other co-accused persons. There is a recovery of pass-book, bag and amount of Rs.30,000/-. The investigation is over in the matter and charge-sheet has been filed. There is no further requirement of custodial interrogation of the applicant. He is in custody since 10.7.2020. He is ready to abide by all the terms and conditions as may be imposed by this Court. It is submitted by counsel for the applicant that looking to the present scenario of COVID-19 pandemic, he prays for grant of bail. The applicant has shown his willingness to cooperate in the pandemic situation of COVID-19 and is ready to contribute Rs.5000/- in the 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.40022/2020 (Shyam Charan Lodhi Vs. State of M.P.) account of High Court Bar Association, Gwalior for benefit of the lawyers during this COVID-19 scenario.
Per contra, counsel for the State has opposed the bail application stating that there is active participation against the present applicant and there is also a recovery from the present applicant, but he fairly submits that charge-sheet has been filed on 8.10.2020. It is contended that the applicant is having a criminal history of two other cases registered in the year 2017 and 2019 and prays for dismissal of the application.
Counsel for the applicant submits that the aforesaid offence is registered are bailable in nature.
The Hon'ble Supreme Court 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.40022/2020 (Shyam Charan Lodhi 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.40022/2020 (Shyam Charan Lodhi Vs. State of M.P.) which the Committee may consider appropriate." Taking into consideration the overall facts and circumstances of the case and looking to the present COVID-19 scenario and the aforementioned judgment passed by the Hon'ble Supreme Court, this Court deems it appropriate to allow this application. The application is allowed, subject to verification of the fact that no other non- bailable offence is registered against the present applicant.
The applicant is directed to be released on bail on his 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 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 5 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.40022/2020 (Shyam Charan Lodhi Vs. State of M.P.) 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 commit an offence similar to the offence of which he 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.5,000/- (Rupees Five Thousand only) in the account of High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to ongoing COVID-19 pandemic, within seven days from today.
8. 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 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. 6
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.40022/2020 (Shyam Charan Lodhi Vs. State of M.P.) 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.
E-copy/Certified copy as per rules/directions.
(Vishal Mishra) Judge Pawar* ASHISH PAWAR 2020.10.19 17:23:46 +05'30'