Rajesh @ Bachchi Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 1642 MP

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         THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.20953/2021
           Rajesh @ Bachchi Jatav vs. State of M.P.

                Heard through Video Conferencing

Gwalior, Dated : 29.04.2021

       Shri Ravi Dwivedi, Counsel for the applicant.

       Shri Ravi Ballabh Tripathi, Counsel for the respondent/State.

Case diary is available.

This second application under Section 439 of Cr.P.C. has been

filed for grant of bail. The first application was dismissed as

withdrawn by order dated 15.2.2021 passed in M.Cr.C.

No.8555/2021 with liberty to the applicant to file afresh along with

the judgments of acquittal.

The applicant has been arrested on 30.1.2021 in connection

with Crime No.67/2021 registered at Police Station Janakganj,

District Gwalior for offence under Section 49(A) of M.P. Excise

Act.

According to the prosecution case, five litres of country made

liquor which is alleged to be unfit for human consumption has been

seized from the possession of the applicant. It is submitted by the

counsel for the applicant that out of 12 cases, 6 cases were

registered under Public Gambling Act, out of which, in four cases

the applicant has been convicted. He has been acquitted for offence

under Section 25 and 27 of the Arms Act and three cases were

THE HIGH COURT OF MADHYA PRADESH MCRC No.20953/2021 Rajesh @ Bachchi Jatav vs. State of M.P.

registered under Section 110 of Cr.P.C. which have come to an end

due to efflux of time and the remaining cases are pending. It is

further submitted that the applicant is in jail for the last near about

three months. In view of the criminal antecedents, the applicant is

ready and willing to abide by any stringent condition including that

of furnishing cash surety. The trial is likely to take sufficiently long

time and there is no possibility of his absconding or tampering with

the prosecution case.

Per contra, the application is opposed by the counsel for the

respondent/State. It is submitted by the counsel for the State that the

applicant has criminal history and as many as 12 criminal cases

were registered against him.

Considered the submissions made by the Counsel for the

parties through video conferencing.

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 Powered 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.20953/2021 Rajesh @ Bachchi Jatav vs. State of M.P.

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 undertrial 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 allegations, as well as considering the fact

that in view of second wave of Covid19 pandemic, it is also

necessary to decongest the jail, and without commenting on the

merits of the case, it is directed that the applicant be released on

bail, on furnishing cash surety of Rs. 1,00,000/- (Rs. One Lac) to

THE HIGH COURT OF MADHYA PRADESH MCRC No.20953/2021 Rajesh @ Bachchi Jatav vs. State of M.P.

the satisfaction of the Trial Court or C.J.M. or Remand Magistrate

(Whosoever is available). The applicant shall also furnish an

undertaking that he shall follow all the instructions which may be

issued by the Central Govt./State Govt. or Local Administration

(General or Specific) from time to time for combating Covid19.

The Supreme Court in the case of IN RE : CONTAGION

OF COVID 19 VIRUS IN PRISONS by order dated 7-4-2020 has

directed as under :

In these circumstances, we consider it appropriate to direct that Union of India shall ensure that all the prisoners having been released by the States/Union Territories are not left stranded and they are provided transportation to reach their homes or given the option to stay in temporary shelter homes for the period of lockdown.

For this purpose, the Union of India may issue appropriate directions under the Disaster Management Act, 2005 or any other law for the time being in force. We further direct that the States/Union Territories shall ensure through Directors General of Police to provide safe transit to the prisoners who have been released so that they may reach their homes. They shall also be given an option for staying in temporary shelter homes during the period of lockdown.

Accordingly, it is directed that before releasing the

applicant, the jail authorities shall get the applicant examined

by a competent Doctor and if the Doctor is of the opinion that

his Corona Virus test is necessary, then the same shall be

THE HIGH COURT OF MADHYA PRADESH MCRC No.20953/2021 Rajesh @ Bachchi Jatav vs. State of M.P.

conducted. If the applicant is not found suspected of Covid19

infection or if his test report is negative, then the concerned

local administration shall make necessary arrangements for

sending the applicant to his house as per the directions issued by

the Supreme Court in the case of IN RE : CONTAGION OF

COVID 19 VIRUS IN PRISONS (Supra) , and if he is found

positive then the applicant shall be immediately sent to

concerning hospital for his treatment as per medical norms.

The applicant is further directed to strictly follow all the

instructions which may be issued by the Central Govt./State

Govt. or Local Administration for combating Covid19. If it is

found that the applicant has violated any of the instructions

(whether general or specific) issued by the Central Govt./State

Govt. or Local Administration, then this order shall

automatically lose its effect, and the Local Administration/Police

Authorities shall immediately take him in custody and would

send him to the same jail from where he was released. The

applicant is further directed to supply a copy of this bail order

to the police station having jurisdiction over his place of

residence.

The other conditions of Section 437,439 Cr.P.C. shall remain

the same.

THE HIGH COURT OF MADHYA PRADESH MCRC No.20953/2021 Rajesh @ Bachchi Jatav vs. State of M.P.

This order shall remain in force, till the conclusion of Trial.

In case of bail jump, or violation of any of the condition(s)

mentioned above, this order shall automatically lose its effect.

It is made clear that single default in appearance before the

Trial Court, or in case of registration of new offence, this bail order

shall automatically come to an end and the cash surety so furnished

by the applicant shall automatically stand forfeited without any

reference to the Court.

With aforesaid observations, this application is Allowed.

(G.S. Ahluwalia) Judge (alok)

ALOK KUMAR 2021.04.30 10:59:48 +05'30'