Madhya Pradesh High Court
Raju vs The State Of Madhya Pradesh on 15 May, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
HIGH COURT OF MADHYA PRADESH
MCRC.No.13125/2020
(Raju Vs. State of M.P.)
Gwalior, Dated : 15.05.2020
Shri Abhishek Mishra, learned counsel for the applicant.
Shri Nitin Agrawal, learned Panel Lawyer for the 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 first application u/S. 439 Cr.P.C. for
grant of bail. The applicant has been arrested on 17.03.2020 by Police
Station Excise Ashoknagar, District Ashoknagar (M.P.) in connection
with Crime No.295/2020 registered in relation to the offence
punishable u/S. 34 (2) of the Excise Act.
It is submitted by the counsel for the applicant that the applicant
has no criminal antecedent and he is first offender. The applicant is in
custody since 17.03.2020. The applicant undertakes to abide by any
condition, which may be imposed by this Court and there is no
possibility of his absconding or tampering with the prosecution case.
Counsel for the applicant further submits that looking to the pandemic
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HIGH COURT OF MADHYA PRADESH
MCRC.No.13125/2020
(Raju Vs. State of M.P.)
situation of COVID-19, he prays for grant of bail to the applicant.
Per contra, learned Panel Lawyer for the State has submitted that
that the case diary is not available and also opposes the bail application
on the basis of order impugned. Learned Panel Lawyer prays for
rejection of the application.
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
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
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HIGH COURT OF MADHYA PRADESH
MCRC.No.13125/2020
(Raju Vs. State of M.P.)
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 COVID-19 period, this Court deems it appropriate to
allow this application. The application is allowed subject to
verification of the fact that the applicant is having no criminal
antecedent as stated by the State counsel. The applicant is directed to
be released on bail on furnishing his personal bonds in the sum of
Rs.50,000/-(Rs. Fifty Thousand Only) 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 they 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 4 HIGH COURT OF MADHYA PRADESH MCRC.No.13125/2020 (Raju Vs. State of M.P.) 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 the trial Court/Investigating Officer, as the case may be.
7. 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 Panel Lawyer to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police, District Ashoknagar who shall inform the concerned SHO regarding the same.
8. The applicant is directed to furnish surety of Rs.50,000/- to the satisfaction of concerning CJM/Trial Court within a period of 15 days from the date of regular functioning of the courts.
Application stands allowed and disposed of. 5
HIGH COURT OF MADHYA PRADESH MCRC.No.13125/2020 (Raju 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 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 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)
AK/- Judge
ANAND
Digitally signed by ANAND KUMAR
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474011,
KUMAR
st=Madhya Pradesh,
2.5.4.20=30e7e141a48595a044fe14fab97 79154e89774736eaa1155f0b38df9b11ed 48f, cn=ANAND KUMAR Date: 2020.05.15 15:41:06 +05'30'