Madhya Pradesh High Court
Vikram Singh Tomar @ Chunchun vs The State Of Madhya Pradesh on 7 July, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
HIGH COURT OF MADHYA PRADESH
MCRC.No.20619/2020
(Vikram Singh Tomar @ ChunchunVs. State of M.P.)
Gwalior, Dated : 07.07.2020
Shri Arvind Kumar Dwivedi, learned counsel for the applicant.
Shri Rajesh Shukla, learned Public Prosecutor, 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 fourth application u/S. 439 Cr.P.C.
for grant of bail. First and second bail applications were dismissed as
withdrawn on 10.01.2020 and 7.02.2020 passed in M.Cr.C.No.
682/20202 and M.Cr.C. No.5379/2020 respectively. The third bail
application dated 17.02.2020 passed in M.Cr.C. No.7155/2020 was
rejected on merit with liberty to repeat the same after recording of the
statements of material witnesses.
The applicant has been arrested on 27.12.2019 by Police Station
Phijical, District Shivpuri (M.P.) in connection with Crime
No.292/2019 registered in relation to the offence punishable u/S 8/21
of NDPS Act.
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HIGH COURT OF MADHYA PRADESH
MCRC.No.20619/2020
(Vikram Singh Tomar @ ChunchunVs. State of M.P.)
It is submitted by the learned counsel for the applicant that due
to pandemic scenario of Covid - 19, trial Courts are not functioning
and therefore, the evidence could not be recorded. Applicant is in
custody since 27.12.2019. As far as the other case under the NDPS Act
is considered, he has already as a seizure of witness who already turned
hostile in that matter. It is submitted that 17 grams of contraband
article has been recovered from the possession which is lesser than the
commercial quantity. 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.25000/- 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, Public Prosecutor, for the State has opposed the bail
application stating that earlier application was rejected on merits.
No new ground is available to the present applicant. Applicant is a
history sitter and is having three criminal cases. He prays for
dismissal of the bail 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
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HIGH COURT OF MADHYA PRADESH
MCRC.No.20619/2020
(Vikram Singh Tomar @ ChunchunVs. State of M.P.)
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.20619/2020
(Vikram Singh Tomar @ ChunchunVs. 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
also the facts that due to pandemic Covid -19 scenario, the statements
could be recorded due to non-functioning of the trial Courts and
looking to the period of custody 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.2,00,000,/-(Rs. Two lac 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 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
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HIGH COURT OF MADHYA PRADESH
MCRC.No.20619/2020
(Vikram Singh Tomar @ ChunchunVs. State of M.P.)
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 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 mark his attendance before the concerned Police station in every fortnight, till conclusion of investigation (pending if any) and if charge sheet is being filed, he will mark his presence as per the directions issued by the 6 HIGH COURT OF MADHYA PRADESH MCRC.No.20619/2020 (Vikram Singh Tomar @ ChunchunVs. State of M.P.) concerning trial Court: and,
8. The applicant shall deposit Rs.25,000/- 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.
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 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 of the concerned District who shall inform the concerned SHO regarding the same.
Application stands allowed.
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 7 HIGH COURT OF MADHYA PRADESH MCRC.No.20619/2020 (Vikram Singh Tomar @ ChunchunVs. State of M.P.) 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)
mani/ Judge
SUBASRI MANI
2020.07.07
17:53:10
-07'00'