Madhya Pradesh High Court
Naresh Gurjar vs The State Of Madhya Pradesh on 20 July, 2021
Author: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 34949/2021
Naresh Gurjar v. State of M.P.
Through Video Conferencing.
Gwalior, Dated : 20.07.2021
Shri Manish Sharma, Counsel for the applicant.
Shri C.P. Singh, 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 bail application was dismissed by order dated
7.5.2021 passed in M.Cr.C. No.22079/2021.
The applicant has been arrested on 13.08.2020 in connection
with Crime No.170/2018 registered by Police Station Sirol Distt.
Gwalior for offence punishable under Sections 392, 412 of IPC and
25/27 of Arms Act and 11, 13 of MPDVPK Adhiniyam.
According to the prosecution case on 14.12.2018 the
complainant Chandal Singh was coming on his motor cycle. When he
reached near captain Roop Singh Stadium, he parked the motorcycle
by the side of the road and was answering call of nature. Three
persons who were riding on motorcycle aged about 22 to 25 years
came there and on the gun point they robed him and took away purse
containing Rs. 5,500/-, a mobile phone of MI Company, one bag of
blue colour and key of motor cycle. It is submitted that although
applicant has been duly identified in Test Identification Parade, but
he is in jail from 13.08.2020. It is further submitted that it is true that
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 34949/2021
Naresh Gurjar v. State of M.P.
applicant had tried to mis lead this Court by projecting that he is in
jail from 03.03.2020 and accordingly, his second bail application was
rejected by order dated 16.02.2021 passed in M.Cr.C. No. 8840/2021
and third application by order dated 27.02.2021 passed in M.Cr.C.
No. 11476/2021. It is submitted that applicant has learnt a lesson and
he would ensure that no misleading statements are made before the
Court in the future. In order to show his bona fide, the applicant is
ready and willing to abide by any stringent condition which may be
imposed by the Court including that of furnishing cash surety.
Per contra, the application is vehemently opposed by the
counsel for the respondent/State. It is submitted that the applicant
was duly identified in the TIP and Rs. 700/- was recovered from his
possession.
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
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 34949/2021
Naresh Gurjar v. State of M.P.
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 cash
surety of Rs. 2,50,000/- (Rs. Two Lacs Fifty Thousand) to the
satisfaction of the Trial Court or C.J.M. or Remand Magistrate
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 34949/2021
Naresh Gurjar v. State of M.P.
(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
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 34949/2021
Naresh Gurjar v. State of M.P.
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.
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 34949/2021
Naresh Gurjar v. State of M.P.
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
2021.07.20
17:16:20 +05'30'
