The Madhya Pradesh High Court recently comprising of a bench of Justice Rajeev Kumar Shrivastava called for a jail status report from the Director-General, Prison and Correctional Services (Madhya Pradesh) with regard to arrangements made to keep the male and female inmates as well as under trials and convicted inmates in separate jails. (Roma Kanjar and others v. The State Of Madhya Pradesh )
Facts of the case
The applicants have filed this second application u/S.439 Cr.P.C for grant of bail. Applicants have been arrested by Police in connection with Crime No.23/2021 registered for offence under Section 34(2) of the M.P. Excise Act.
Contention of the Parties
It has been alleged that from the possession of the applicants, namely, Roma Kanjar and Hemlata Kanjar 600 bulk liters of liquor was recovered, however, they have denied the said allegations.
Importantly, it was submitted by the counsel for the applicants that they have been in Datia jail since July 27, 2021, and being a lady, it is very tough for them to accommodate in the jail custody, as the female and male offenders/ undertrials are kept in the same campus in jail custody.
It was also contended that Investigation and trial will take its own time. As the applicants are ladies and they are in custody since 27/7/2021, therefore, it was prayed that they be granted bail.
Courts Observation and Judgment
In this backdrop, the bail application was allowed and it was directed that they shall be released on bail on each of them furnishing a personal bond of Rs.1,00,000/-.
However, before parting with the matter, the court noted, "Before parting with this matter, it is apt that jail status report be called from the Director General, Prison and Correctional Services (M.P.) in regard to arrangements made to keep the male and female inmates as well as under trials and convicted inmates in separate jails."
Taking note of the above the court directed the State to submit aforesaid report before Principal Registrar of this Court within a period of one month from the date of this order, who in turn is directed to place the same on the administrative side.
The Court directed that the copy of the order be sent to the trial Court concerned as well as State counsel for necessary compliance. The registry has been asked to communicate the order to Director General, Prison and Correctional Services (M.P.) for compliance.
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