Madhya Pradesh High Court
Mukesh Yadav vs The State Of Madhya Pradesh on 28 May, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.14662/2020
(Mukesh Yadav vs. State of M.P.)
Gwalior, Dated : 28.05.2020
Shri Anshu Gupta, counsel for the applicant.
Shri Vijay Sundaram, 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 second application u/S 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Civil Line, District Vidisha in connection with Crime No.92/2020 registered in relation to the offence punishable under Sections 420, 471, 468, 467 of IPC. First application was dismissed as withdrawn vide order dated 6.3.2020 passed in M.Cr.C. No.8882/2020 with liberty to repeat the same after completion of investigation and filing of charge sheet.
It is submitted that as per the prosecution story the allegation against the present applicant is that despite of the fact there is already an interim order of status quo in S.A. No.522/2016 with respect to WAQF property of which the litigation is going on, the applicant is trying to sell the property to some other person and has already entered into an agreement to sell. On the basis of the aforesaid allegation the 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.14662/2020 (Mukesh Yadav vs. State of M.P.) offence has been registered under the aforesaid sections. He is in custody since 9.2.2020. Investigation is over in the matter and charge sheet has been filed on 6.5.2020. There is no further requirement of custodial interrogation of the present applicant. He is the first offender and he has shown his willingness to cooperate in the pandemic situation of COVID 19 and is ready to contribute an amount of Rs.10,000/- towards the PM Care Fund.
Per contra, counsel for the State has opposed the bail application stating that there are specific allegations against the present applicant of selling the WAQF Board property. However, he fairly submits that investigation is over in the matter and charge sheet has been filed. He does not dispute the factum that the applicant is the first offender.
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 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.14662/2020 (Mukesh Yadav vs. State of M.P.) 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 also looking to the custody period of the present applicant and the fact that he is the first offender, 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.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 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 4 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.14662/2020 (Mukesh Yadav vs. State of M.P.) 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 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 will comply with the orders and directions issued by this Court in S.A. No.522/2016 and will not dispose of the property of the WAQF Board till the disposal of the second appeal and will be bound by the orders passed in S.A. No.522/2016.
8. 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 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 5 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.14662/2020 (Mukesh Yadav vs. State of M.P.) 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, District Vidisha 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.
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 van SMT VANDANA VERMA 2020.05.28 15:53:14 +05'00'