Sonu Kanjar vs The State Of Madhya Pradesh
2021 Latest Caselaw 3944 MP

        THE HIGH COURT OF MADHYA PRADESH
                 M.Cr.C. No. 37142/2021
             (SONU KANJAR Vs THE STATE OF MADHYA PRADESH)


                   Through Video Conferencing

Gwalior, Dated : 04.08.2021

      Shri Anurag Sharma, Counsel for the applicant.

      Shri Siraj Qureshi, Counsel for the State.

      Case diary is available.

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

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

order dated 04.05.2021 passed in M.Cr.C. No.21606/2021.

      The applicant has been arrested on 31.03.2021 in connection

with Crime No.03/2021 registered at Police Station Goraghat Distt.

Datia for offence under Section 34 (2) of Excise Act.

      It is submitted by the Counsel for the applicant, that according

to the prosecution case on 15.01.2021, the country made liquor as

well as raw material of worth Rs. 42,90,000/- were seized. The

applicant has been falsely implicated. The applicant is in jail from

31.03.2021

. The Trial is likely to take sufficiently long time and

there is no possibility of his absconding or tempering with

prosecution witnesses.

Per contra, the application is vehemently opposed by the

Counsel for the State. It is submitted that 8600 liters of country made

liquor and 30,000/- liters of lahan were seized. It is further submitted

that as per police case diary, one offence u/s. 279, 337 & 338 of IPC THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 37142/2021 (SONU KANJAR Vs THE STATE OF MADHYA PRADESH)

was registered against the applicant in the year 2014. However, it is

fairly conceded that from the sections, it appears that it must be a

case of accident.

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 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 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 37142/2021 (SONU KANJAR Vs THE STATE OF MADHYA PRADESH)

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 period of detention as well as considering the

cost of liquor/raw material seized by the Police and in view of second

wave of Covid19 pandemic, it is also necessary to decongest the jail,

this Court is of the considered opinion that applicant can be granted

bail only on stringent condition of furnishing cash surety.

Accordingly, it is directed that the applicant be released on

bail, on furnishing cash surety of Rs. 5,00,000 (Rs. Five Lacs) to 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 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 37142/2021 (SONU KANJAR Vs THE STATE OF MADHYA PRADESH)

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 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 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 37142/2021 (SONU KANJAR Vs THE STATE OF MADHYA PRADESH)

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.

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.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat & Ors. vs. State of M.P. passed on THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 37142/2021 (SONU KANJAR Vs THE STATE OF MADHYA PRADESH)

18/3/2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

With aforesaid observations, this application is Allowed.

(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2021.08.04 15:56:33 +05'30'