Madhya Pradesh High Court
Jitendra Singh Narwariya vs The State Of Madhya Pradesh on 27 June, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
THE HIGH COURT OF MADHYA PRADESH
MCRC-18211-2020
(JITENDRA SINGH NARWARIYA Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 27/06/2020
Shri Virendra Singh Pal, learned counsel for applicant.
Shri Ravindra Singh Kushwaha, learned Dy. Additional
Advocate General, for 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.
I.A No. 6145/2020, an application under Section 301(2) of Cr.P.C for assisting learned Public Prosecutor for the State is taken up, considered and allowed for the reasons mentioned therein.
Shri Devendra Sharma, learned counsel for the complainant is permitted to assist learned Public Prosecutor for the State during hearing of the matter.
Heard learned counsel for the parties.
The applicant has filed this forth application under section THE HIGH COURT OF MADHYA PRADESH MCRC-18211-2020 (JITENDRA SINGH NARWARIYA Vs THE STATE OF MADHYA PRADESH) 439 of the Cr.P.C. for grant of bail. Earlier three bail applications were dismissed as withdrawn and on merits vide order dated 28.08.2019, 18.09.2019 and 06.01.2020 passed in M.Cr.C Nos.32753/2019, 38693/2019 and 50137/2019 respectively.
Applicant has been arrested on 11.06.2019 by Police Station Vishvavidhyalaya, District Gwalior (M.P.) in connection with Crime No.132/2019 registered in relation to the offence punishable u/Ss. 420, 467, 468 and 471 of IPC.
It is submitted by learned counsel for applicant that third bail application was dismissed on merits vide order dated 06.01.2020 passed in M.Cr.C No. 50137/2019 granting liberty to repeat the same after recording of material witnesses. He has filed the order sheets of the trial Court to demonstrate that the material witnesses of the prosecution were not present before the trial Court and thereafter, the COVID-19 pandemic came into existence, therefore, functioning of the trial Court is not held up and no witnesses are being examined, therefore, he prays for interim bail application by limited period as and when regular Court functioning resumes give it file an appropriate application after examination of material THE HIGH COURT OF MADHYA PRADESH MCRC-18211-2020 (JITENDRA SINGH NARWARIYA Vs THE STATE OF MADHYA PRADESH) witnesses. The applicant undertakes to abide all the condition, which may be imposed by this Court and there is no possibility of his absconding or tempering with the prosecution case. The applicant has his willingness to contribute an amount of Rs. 10,000/- towards the PM Care Fund and install Arogya Setu App. Accordingly, prayer for interim bail has been made.
Per contra, learned counsel for the State has opposed the bail application stating that third bail application was dismissed on merits with clear cut observation that liberty was extended to repeat the same after recording the statements of material witnesses. He has prayed for dismissal of the present bail application.
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 THE HIGH COURT OF MADHYA PRADESH MCRC-18211-2020 (JITENDRA SINGH NARWARIYA Vs THE STATE OF MADHYA PRADESH) 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 looking to the pandemic situation of COVID-19 and also the fact that applicant is in custody since 11.06.2019, without commenting upon the merits of the case, this Court deems it appropriate to consider this application for grant of interim bail. Accordingly, the same is allowed. The interim bail is extended for period of 45 days from date of release. The applicant is directed to be released for a period of 45 days (from the date of his release) on interim bail on furnishing his personal bonds in the sum of THE HIGH COURT OF MADHYA PRADESH MCRC-18211-2020 (JITENDRA SINGH NARWARIYA Vs THE STATE OF MADHYA PRADESH) Rs.50,000,/-(Rs. Fifty thousand Only) with one local 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. The applicant shall surrender before concerned trial Court on completion of 45 days from the date of release and information to this effect shall be sent by the court concerned to Registry of this court.
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 THE HIGH COURT OF MADHYA PRADESH MCRC-18211-2020 (JITENDRA SINGH NARWARIYA Vs THE STATE OF MADHYA PRADESH) facts of the case so as to dissuade his 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. 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 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 Public Prosecutor 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.
THE HIGH COURT OF MADHYA PRADESH MCRC-18211-2020 (JITENDRA SINGH NARWARIYA Vs THE STATE OF MADHYA PRADESH) 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 applicants 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 LJ* LOKENDRA JAIN 2020.06.27 17:29:00 +05'30'