Madhya Pradesh High Court
Vipin Parmar vs State Of Mp on 20 July, 2021
Author: Vishal Mishra
1
HIGH COURT OF MADHYA PRADESH
MCRC-35451-2021
(VIPIN PARMAR Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 20.07.2021
Heard through video conferencing.
Shri Avinash Kulshreshtha, learned counsel for applicant.
Shri Ravi Ballav Tripathi, learned P.L., for respondent/State.
Heard learned counsel for the parties.
The applicant has filed this third application under Section 439
of the Cr.P.C. for grant of bail. The applicant has been arrested by
Police Station City Civil Lines, District Morena in connection with
Crime No.279/2021 registered in relation to the offence punishable
under Sections 34(2) and 47(A) of Excise Act.
It is alleged that earlier bail applications were dismissed on
merits as well as dismissed as withdrawn vide order dated 07.06.2021
in M.Cr.C. No. 26796/2021 and order dated 23.06.2021 in M.Cr.C.
No. 30548/2021. It is argued that applicant is in custody since
14.05.2021. Charge sheet has been filed in the matter on 12.07.2021.
As far as criminal history is concerned, he is argued that he has
already been acquitted in one case which was registered under Section
307 of IPC vide judgment dated 21.12.2018 passed in Sessions Trial
No. 174/2017 and in three cases have been closed down owing to the
fact that compromise entered into between the parties. He has relied
upon the orders passed by the Hon'ble Supreme Court in the case of
IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in
HIGH COURT OF MADHYA PRADESH
MCRC-35451-2021
(VIPIN PARMAR Vs THE STATE OF MADHYA PRADESH)
SUO MOTU W.P. (C) No.1/2020 as well as order passed by the
Division Bench of the Principal seat on 17.05.2021 IN RE :
CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO
MOTU W.P. (C) No.9320/2021 regarding decongestion of prisoners.
He is ready to abide by all the terms and conditions as may be
imposed by this Court and prays for grant of bail. There is no
possibility of his absconding or tampering with the prosecution case
and also shown his willingness to render his services during this
COVID 19 pandemic scenario.
Per contra, learned P.L. for the State opposed the application
stating that he is a habitual offender having six criminal cases
including the offences under Sections 307 and 34(2) of IPC, but he
fairly submits that charge sheet has been filed in the matter.
Taking into consideration and over all facts and circumstances
of the case coupled with the fact that applicant is in custody since
14.05.2021 and placing reliance upon the orders passed by the
Hon'ble Supreme Court as well as Division Bench of this Court
regarding decongestion of the aforesaid cases and considering the
present scenario of second phase of COVID-19, this Court deems it
appropriate to allow this application. The applicant is directed to be
released on bail on furnishing a personal bond in the sum of
Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of
HIGH COURT OF MADHYA PRADESH
MCRC-35451-2021
(VIPIN PARMAR Vs THE STATE OF MADHYA PRADESH)
like amount to the satisfaction of the Investigation Officer /trial Court,
as the case may be with submission of written undertaking and she
shall abide by all terms and conditions of the different circulars,
orders as well as guidelines issued by the Central Government, State
Government as well as Local Administration for maintaining social
distancing, hygiene etc to avoid Novel Corona Virus (COVID -19)
pandemic and she will have to install Arogya Setu App, if not already
installed.
This order will remain operative subject to compliance of the
following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions
of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the
case may be;
3. The applicant will not indulge himself in extending
inducement, threat or promise to any person acquainted with the facts
of the case so as to dissuade him from disclosing such facts to the
Court or to the Police Officer, as the case may be;
4. The applicant shall not involve any other offence, in case the
applicant indulges himself in any other criminal case the benefit of
bail as extended by this Court shall automatically cancelled.
5. The applicant will not seek unnecessary adjournments during
HIGH COURT OF MADHYA PRADESH
MCRC-35451-2021
(VIPIN PARMAR Vs THE STATE OF MADHYA PRADESH)
the trial; and
6. The applicant will not leave India without previous
permission of the trial Court/Investigating Officer, as the case may be.
7. The applicant is directed to render his services and get
himself registered as a Covid Warrior with the Collector, District
Morena to enable him to render his social services at District
Hospital, Morena under the supervision of the Superintendent of
the Hospital, District Morena for a period of three months from the
date of registration as a Covid Warrior. He will get himself
registered within a period of seven days from the date of his release.
8. The applicant will inform the concerned S.H.O. of concerned
Police Station about his residential address in the said area and it
would be the duty of the Panel Lawyer to send E-copy of this order
to SHO of concerned police station as well as Superintendent of
Police concerned who shall inform the concerned SHO regarding the
same.
Application stands allowed and disposed of.
In view of the COVID-19, jail authorities are directed that
before releasing the applicant, medical examination of applicant shall
be undertaken by the jail doctor and on prima facie, if it is found that
he is having the symptoms of COVID-19, then consequential follow
up action including the isolation/quarantine or any test if required, be
HIGH COURT OF MADHYA PRADESH
MCRC-35451-2021
(VIPIN PARMAR Vs THE STATE OF MADHYA PRADESH)
ensured, otherwise applicant shall be released immediately on bail and
shall be given a pass or permit for movement to reach his place of
residence.
E- copy of this order be provided to the applicant and E-copy of
this order be sent to the trial Court concerned for compliance. It is
made clear that E-copy of this order shall be treated as certified copy
for practical purposes in respect of this order.
(Vishal Mishra)
LJ*/- V. Judge
Digitally signed by
LOKENDRA JAIN
Date: 2021.07.20
16:23:34 +05'30'
