Madhya Pradesh High Court
Arun Singh vs The State Of Madhya Pradesh on 16 July, 2021
Author: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 34195/2021
Arun Singh v. State of M.P and Anr.
Through Video Conferencing.
Gwalior, Dated : 16.07.2021
Shri Arvind Kumar Dwivedi, Counsel for the applicant.
Ms. Kalpana Parmar Counsel for the State.
Case diary is available.
This is sixth application filed under Section 439 of Cr.P.C. for
grant of bail. Previous application was allowed for interim bail for a
period of one month by order dated 1.06.2021 passed in M.Cr.C.
No.23530/2021.
The applicant has been arrested on 16.03.2017 in connection
with Crime No. 31/2017 registered by Police Station Mahila, Padav,
Distt. Gwalior for offence punishable under Sections 363, 376,
120-B of the IPC and 7/8 of Protection of Children from Sexual
Offence Act.
It is submitted by the counsel for the applicant that applicant is
in jail from 16.03.2017. He was a driver of FRV which was used for
committing rape by the co-accused in a moving vehicle. It is
submitted that there is no allegation of rape against the applicant. He
is in jail for the last more than four and half years, but still the
prosecution has failed to examine its all witnesses. Earlier this Court
by order dated 1.06.2021 passed in M.Cr.C. No. 23530/2021 had
granted temporary bail for a period of one month and the applicant
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 34195/2021
Arun Singh v. State of M.P and Anr.
has surrendered before the trial Court on 30 th day of his release which
is evident from the order sheet dated 2.7.2021. Thus, it is clear that
the applicant has not misused the liberty granted to him. It is further
submitted that in absence of any allegation of rape, the application
for grant of bail may be considered sympathetically. 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 vehemently opposed by the
counsel for the respondent/State. However, Ms. Kalpana Parmar
could not give any reasonable explanation regarding failure of the
prosecution to examine its all witnesses although the trial is pending
for the last more than four years.
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).
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 34195/2021
Arun Singh v. State of M.P and Anr.
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."
In view of the fact that there is no allegation against the
applicant coupled with the period of detention as well as the fact that
the applicant did not misuse the liberty which was granted to him by
order dated 1.06.2031 and surrendered before the trial Court on 30 th
day of his release and it is also necessary to decongest the jail, and
without commenting on the merits of the case, the application is
allowed. It is directed that the applicant be released on bail, on
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 34195/2021
Arun Singh v. State of M.P and Anr.
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
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 34195/2021
Arun Singh v. State of M.P and Anr.
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.
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 34195/2021
Arun Singh v. State of M.P and Anr.
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.
(G.S. Ahluwalia)
Judge
ar
ABDUR RAHMAN
2021.07.19
10:24:03 +05'30'
