Vinod Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 4513 MP

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         THE HIGH COURT OF MADHYA PRADESH
                    Cr.A. No. 4748/2021
           Vinod Yadav Vs. State of MP and another

Gwalior, Dated : 23-08-2021

      Shri Sushil Goswami, Counsel for the appellant.

      Shri Naval Kishore Gupta Counsel for State/respondent No. 1.

None for the respondent No. 2/complainant.

It is submitted by the counsel for the State that the complainant

has been informed about the pendency of this appeal as required

under Section 15-A of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act (in short "Act").

Case diary is available.

This fourth criminal appeal under Section 14-A (2) of the Act

has been filed for grant of bail. Previous appeal was dismissed by

order dated 8.4.2021 passed in Cr.A. No. 1861/2021.

The appellant has been arrested in connection with Crime

No.50/2020 registered by Police Station Bijoli Distt. Gwalior for

offence punishable under Sections 306, 34 of IPC and 3 (2) (v) of

Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities), Act, 1989.

It is submitted by the counsel for the appellant that although

the first appeal is already dismissed on merits by order dated

7.12.2020 passed in Cr.A. No. 6016/2020 but the appellant is in jail

from 11.7.2020 i.e. more than one year. The allegations are that he

THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 4748/2021 Vinod Yadav Vs. State of MP and another

was demanding exorbitant interest as a result the deceased committed

suicide. 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 appeal is opposed by the counsel for the State.

However, it is fairly conceded by the Counsel for the State that

appellant has no criminal antecedents.

Considered the submissions made by the Counsel for the

parties.

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

THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 4748/2021 Vinod Yadav Vs. State of MP and another

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 period of detention, as well as considering the

fact that in view of second wave of Covid-19 pandemic, it is also

necessary to decongest jail, and without commenting on the merits of

the case, It is directed that the appellant be released on bail, on

furnishing personal bond in the sum of Rs.1,00,000/- (Rs. One Lac)

with one surety in the like amount to the satisfaction of the Trial

Court or CJM or Remand Magistrate (Whosoever is available). The

appellant shall also furnish an undertaking that he will abide by 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 Covid-19.

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

THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 4748/2021 Vinod Yadav Vs. State of MP and another

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 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 HIGH COURT OF MADHYA PRADESH Cr.A. No. 4748/2021 Vinod Yadav Vs. State of MP and another

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.

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.

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

THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 4748/2021 Vinod Yadav Vs. State of MP and another

regarding grant of bail be sent to the complainant.

With aforesaid observations, this application is Allowed.

(G.S. Ahluwalia) Judge

ar

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF

RAHMA MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99

N c6fe547304e1bc26d2b510cc133f1b5 6faa63e77b, cn=ABDUR RAHMAN Date: 2021.08.24 10:41:57 -07'00'