Madhya Pradesh High Court
Jagdev Singh vs The State Of M.P. on 6 July, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
M.Cr.C. No.19641/2020
HIGH COURT OF MADHYA PRADESH
MCRC.No.19641/2020
(JAGDEV SINGH VS STATE OF MP)
Gwalior, Dated : 06.07.2020
Shri Avinash Kulshrestha, learned counsel for the applicant.
Shri Ranjeet Khanvilkar, learned 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 first application u/S.438 Cr.P.C. for grant of anticipatory bail as he has apprehension of his arrest in connection with Crime No.349/2019 registered at Police Station Gormi, Distt. Bhind for the offences punishable under Sections 336, 338 and 308 of IPC.
It is submitted by the counsel for the applicant that the applicant is a Government Servant serving in Army and initially FIR was registered against unknown person.
As per prosecution case, allegation against the present applicant is that in a marriage ceremony (lagun) there was a harsh fire from both M.Cr.C. No.19641/2020 the sides and one bullet injury was caused to the injured. It is submitted that in the statements recorded of the persons, the name of the present applicant was taken but it was specifically mentioned that firing was from both the sides. They have further clarified the position that they are not aware from the fact that whose bullet has hit the injured. It is further submitted that he has also submitted an application to the senior authorities for fair investigation into the matter. 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 anticipatory bail and he is ready to cooperate in the investigation. The applicant has shown his willingness to contribute an amount of Rs.10,000/- 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 anticipatory bail to the applicant.
Per contra, counsel for the State opposed the stating that he has actively participated in commission of offence. Statement of one Harpal Singh was read over where name of the applicant is specifically mentioned but the fact that applicant is a Government servant serving in army is not disputed. State counsel could not dispute the fact that in the statement it is not clear that bullet injury was caused by the present applicant.
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 M.Cr.C. No.19641/2020 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 also the fact that applicant is a government servant serving in army and looking to the pandemic scenario of Covid-19, this Court deems it appropriate to allow this anticipatory bail application.
It is hereby directed that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of like amount to the satisfaction of Investigation Officer/trial Court, M.Cr.C. No.19641/2020 as the case may be with submission of written undertaking that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by 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 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.10,000/- in PM CARE Fund having Account Number : 2121PM20202, IFSC Code:M.Cr.C. No.19641/2020
SBIN0000691, SWIFT Code : SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch 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 Superintendent of Police, District Bhind who shall inform the concerned SHO regarding the same.
Application stands allowed.
The applicant shall install Arogya Setu App in his mobile immediately and would intimate his place of residence to the SHO of concerned Police Station; where he reside. Applicant further submits the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic.
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.
CC as per rules.
(Vishal Mishra)
shanu Judge
SHANU
RAIKWAR
2020.07.06
18:46:06 -07'00'