Shivam vs The State Of Mp
2021 Latest Caselaw 3520 MP

Citation : 2021 Latest Caselaw 3520 MP
Judgement Date : 22 July, 2021

Madhya Pradesh High Court

Shivam vs The State Of Mp on 22 July, 2021

Author: Gurpal Singh Ahluwalia

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          THE HIGH COURT OF MADHYA PRADESH
                          MCRC No.35705/2021
                      (SHIVAM VS. STATE OF M.P.)

                     Through Video Conferencing

Gwalior, Dated : 22/07/2021

      Shri Rajeev Sharma, learned counsel for the applicant.

      Shri A.K.Nirankari, learned counsel for the State.

      Case diary is available.

      This first application under Section 438 of Cr.P.C. has been

filed for grant of anticipatory bail.

      The applicant apprehends his arrest in connection with Crime

No.207/2019 registered at Police Station Tyonda, District Vidisha for

offence under Sections 353, 332, 341 and 147 of IPC.

      It is submitted by the counsel for the applicant that according

to the prosecution case, the road was blocked on the certain issues of

school. It is alleged that when the police tried to convince the

agitators to open the blockage, then there was scuffle between the

police party and agitators. It is alleged that when the applicant was

trying to run away from the spot and he fell down and sustained head

injury. It is submitted that even if the entire allegations are accepted,

then it is clear that the applicant was involved in peaceful agitation

for the solution of problems of the school. The peaceful agitation is

the right of a citizen to attract the attention of the administration. The

applicant is ready and willing to co-operate in the investigation. The

Trial is likely to take sufficiently long time and there is no possibility
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of his absconding or tempering with prosecution witnesses.

      Per contra, the application is vehemently opposed by the

Counsel for the State.

      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.
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           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 the

deteriorating situation in view of second wave of Covid19 pandemic,

and without commenting on the merits of the case, it is directed that

if the applicant appears before the Investigating officer on or before

29/07/2021

and furnishes his personal bond in the sum of Rs.

1,00,000 (Rs. One Lac) to the satisfaction of the investigating

officer, then he shall be released on bail. 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 other conditions of Section 438 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.