Sharukh Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 3370 MP

                          1
          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.34894/2021
              (SHAHRUKH VS. STATE OF M.P.)

                     Through Video Conferencing

Gwalior, Dated : 16/07/2021

       Shri M.S.Rawat, Counsel for the applicant.

       Smt. Padmshri Agrawal, Counsel for the respondent/State.

Case diary is available.

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

filed for grant of bail.

The applicant has been arrested on 27/06/2017 in connection

with Crime No.43/2017 registered at Police Station Belgadha, District

Gwalior for offence under Sections 307, 302, 324, 336, 294, 147, 148,

149 of IPC and Section 25 and 27 of the Arms Act.

It is submitted by the counsel for the applicant, that the

applicant is in jail for the last four years and this Court by order dated

06/07/2021 passed in MCRC No.31380/2021 has granted temporary

bail to the co-accused for a period of two months and accordingly, the

applicant may also be extended the same benefit. It is further

submitted that in view of second wave of Covid 19 pandemic as well

as in the light of the directions given by the Supreme Court as well as

Division Bench of this Court and coupled with the guidelines issued

by the high level committee, as well as to make necessary

arrangements for the safety of his family his prayer for grant of

temporary bail may be considered sympathetically. It is further

submitted that he would not like to press this bail application on

merits. It is further submitted that the applicant would follow all

Covid 19 protocols as decided by the Central Government or the State

Government or Local Administration.

Per contra, the prayer for grant of temporary bail is vehemently

opposed. It is submitted that the applicant has fired gunshots.

However, after going through the order dated 06/07/2021 passed in

MCRC No.31380/2021, by which the co-accused Navi Khan has been

granted temporary bail for a period of two months, it is submitted that

there is no distinguishable feature in the matter.

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 facts and circumstances of the case 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 on furnishing

the 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

be released on temporary bail for a period of 2 months from the date

of his release. The applicant shall also furnish an undertaking that he

shall surrender immediately after the period of temporary bail is

over, unless and until the period of temporary bail is extended by this

Court. He shall also furnish an undertaking before the Court, that he

shall abide by all the instructions which may be issued by the Central

Govt./State Govt. or Local Administration for combating Covid19

from time to time.

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.

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, the prayer for bail is rejected

however prayer for temporary bail is allowed.

C.c. as per rules.

                                                                      (G.S. Ahluwalia)
Pj'S/-                                                                      Judge
         PRINCEE
         BARAIYA
         2021.07.19
         10:27:14 -07'00'