Vikky @ Vikas Karosiya vs The State Of Madhya Pradesh
2021 Latest Caselaw 4514 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.40490/2021 (VICKY @ VIKAS KAROSIYA VS. STATE OF M.P.)

Gwalior, Dated : 23/08/2021

Shri Prasun Kumar Maheshwari, learned counsel for the

applicant through video conferencing.

Shri Ravi Ballabh Tripathi, learned counsel for the State.

Case diary is available.

This is second repeat application filed under Section 439 of

Cr.P.C. for grant of bail.

The applicant has been arrested on 05/06/2021 in connection

with Crime No.197/2021 registered by Police Station Indarganj,

District Gwalior for offence punishable under Sections 457 and 380

of IPC.

The first bail application was permitted to be withdrawn with

liberty to revive the prayer after the charge-sheet is filed. It is

submitted by the counsel for the applicant that the charge-sheet has

been filed on 02/08/2021. According to the prosecution case, theft

had taken place in the house of the complainant and one gold

earrings and six silver Bichia have been seized from the possession

of the applicant. Although, the ornaments have been identified by

the witnesses but trial is likely to take sufficiently long time. In view

of the criminal antecedents of the applicant, he is ready and willing

to abide by any stringent condition, which may be imposed by this

Court.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that apart from the recovery of

the above mentioned gold and silver ornaments, they were also duly

identified by the witnesses and the applicant has criminal history

and as many as three criminal cases have been registered against

him. However, it is fairly conceded that no heinous offence has been

registered against the applicant.

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 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 a 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 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

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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Indarganj, District Gwalior on 1st of every

month during the pendency of the Trial.

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

regarding grant of bail be sent to the complainant.

With aforesaid observations, this application is Allowed.

C.C. as per rules.

(G.S. Ahluwalia) Judge Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2021.08.23 18:31:01 -07'00'