Madhya Pradesh High Court
Ismaile Khan vs The State Of Madhya Pradesh on 5 June, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
HIGH COURT OF MADHYA PRADESH
MCRC.No.12684/2020
(Ismile Khan Vs. State of M.P.)
Gwalior, Dated : 05.06.2020
Shri D.R.Sharma, learned counsel for the applicant.
Shri Vinay Kumar, 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 third application u/S. 439 Cr.P.C. for
grant of bail. The applicant has been arrested on 26.10.2019 with
Crime No.110/2019 registered in relation to the offences punishable
u/S. 420, 384, 34, 467, 468 and 471 of IPC. First application was
rejected by this Court by order dated 02.12.2019 in M.Cr.C.No.
47255/2019 and the second bail application was dismissed by this
Court by order dated 14.01.2020 in M.Cr.C.No.685/2020.
It is submitted by the counsel for the applicant that co-accused
Aditya Soni has already enlarged on bail by this Court by order dated
15.05.2020 passed in M.Cr.C.No.12914/2020 and the case of the
present applicant is exactly identical to that of the co-accused.
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HIGH COURT OF MADHYA PRADESH
MCRC.No.12684/2020
(Ismile Khan Vs. State of M.P.)
Witnesses P-1, P-2 and P-3 have not supported the prosecution case.
the investigation is complete and charge sheet has been filed on
25.10.2019. The applicant is in custody since 26.10.2019. The
applicant is ready to abide by all the terms and conditions which may
be imposed by this court while considering the application for grant of
bail. The applicant has shown his willingness to contribute an amount
of Rs.5000/- towards the PM Care Fund. There is no possibility of his
absconding or tampering with the prosecution case. Counsel for the
applicant prays for grant of bail to the applicant.
Per contra, Panel Lawyer for the State opposed the application
and prayed for dismissal of the application, but could not
differentiate the case of applicant from Aditya Soni.
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
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HIGH COURT OF MADHYA PRADESH
MCRC.No.12684/2020
(Ismile Khan 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,
which the Committee may consider appropriate."
Considering the overall facts and circumstances of the case and
considering the guidelines issued by the Hon'ble Supreme Court during
this situation of Covid-19 pandemic scenario, this Court deems it
appropriate to allow this application. The application is allowed
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)
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HIGH COURT OF MADHYA PRADESH
MCRC.No.12684/2020
(Ismile Khan Vs. State of M.P.)
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 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 5 HIGH COURT OF MADHYA PRADESH MCRC.No.12684/2020 (Ismile Khan Vs. State of M.P.) 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.5000/- in PM CARE 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 appellant 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 Gwalior 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 6 HIGH COURT OF MADHYA PRADESH MCRC.No.12684/2020 (Ismile Khan Vs. State of M.P.) 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, st=Madhya Pradesh, KUMAR 2.5.4.20=30e7e141a48595a044fe14fab977915 4e89774736eaa1155f0b38df9b11ed48f, cn=ANAND KUMAR Date: 2020.06.05 20:42:55 +05'30'