Shriram Jatav vs State Of Mp
2021 Latest Caselaw 4657 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.41360/2021
            (SHRIRAM JATAV VS. STATE OF M.P.)

Gwalior, Dated : 25/08/2021

      Shri Suresh Agrawal, Counsel for the applicant.

      Shri Ravi Ballabh Tripathi, Counsel for the State.

      Shri S.K.Yadav, Counsel for the complainant.

      Case diary is available.

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

filed for grant of bail.

      The applicant has been arrested on 25/06/2021 in connection

with Crime No.327/2021 registered at Police Station Karera, District

Shivpuri for offence under Sections 307, 324, 323, 294, 506 and 34

of IPC.

      It is submitted by the counsel for the applicant that the

complainant party are neighbors having adjoining agricultural field.

The complainant party used to quarrel with the applicant on the

question of boundaries of their agricultural field and, therefore, an

application was filed by brother of the applicant namely Ramesh

Kumar for demarcation. Accordingly, under the orders of Tahsildar,

demarcation was being done on 19/06/2021. The complainant party

picked up quarrel and on the report of the accused party, a cross case

has also been registered. It is further submitted that the applicant has

also filed a copy of the report submitted by the Patwari to the
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Tahsildar Karera, District Shivpuri, which clearly indicates that on

19/06/2021

, when he went on the spot for the purposes of

demarcation, then because of dispute, the demarcation could not be

done and accordingly, it was prayed that without the assistance of

police force, the demarcation of survey No.105/3/2 is not possible

and thus, a prayer was also made to provide police force. It is

submitted that in fact the applicant and brothers are law abiding

citizens. They were trying to resolve their dispute in accordance with

statutory provisions of law and it is the complainant party who by

show of muscle power is trying to encroach upon the land of the

applicant and his brothers and, therefore, it is incorrect to say that the

accused party was aggressive. It is further submitted that police after

completing the investigation has filed the charge-sheet. Co-accused

Ramkishan has granted bail by this Court by order dated 02/08/2021

passed in MCRC No.37406/2021. 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 as well as counsel for the complainant.

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

incident took place at the time of demarcation. The counsel for the

complainant could not clarify as to why they picked up quarrel with

the accused party on the day when the demarcation was being done

on the application filed by the accused party.

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 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.

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.

Certified copy as per rule.

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

         Digitally signed
         by PRINCEE
         BARAIYA
         Date:
         2021.08.26
         11:53:52 -07'00'