Madhya Pradesh High Court
Smt. Jyoti vs The State Of Madhya Pradesh on 23 July, 2021
Author: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCRC No.34069/2021
(SMT. JYOTI & ANR. VS. STATE OF M.P.)
Gwalior, Dated : 23/07/2021
Shri S.S.Kirar, learned counsel for the applicants.
Shri Neelesh Singh Tomar, learned counsel for the State.
Heard finally, through video conferencing.
Case diary is available.
This first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicants have been arrested on 26/06/2021 in connection
with Crime No.75/2021 registered at Police Station Tharet, District
Datia for offence under Section 34(2) of the Excise Act.
It is submitted by the Counsel for the applicants that 55 liters
of country made liquor and 4,000 k.g. of raw material were seized
from the cement container lying near the house of one Ratanlal. It is
clear from the statements of Arvind Tiwari and Vimal Chari that
when the police raided the area, then no accused was present on the
spot. Nothing has been seized from the possession of the applicants.
The applicants have minor children and the applicant No.2 is
pregnant. The Trial is likely to take sufficiently long time and there is
no possibility of their absconding or tempering with prosecution
witnesses.
Per contra, the application is vehemently opposed by the
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Counsel for the State. It is submitted by Shri Tomar that it is clear
from the statement of Shyam @ Chhotu Shivhare that after noticing
the police party, the applicants had run away. It is further submitted
that the applicants have a criminal history, eight more cases of similar
in nature have been registered against the applicants. However, it is
fairly conceded that nothing has been seized from the possession of
the applicants.
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
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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 applicants be released on bail, on furnishing
cash surety of Rs. 50,000 (Rs. Fifty Thousand) each to the
satisfaction of the Trial Court or C.J.M. or Remand Magistrate
(Whosoever is available). The applicants shall also furnish an
undertaking that they 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
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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
applicants, the jail authorities shall get the applicants examined
by a competent Doctor and if the Doctor is of the opinion that
their Corona Virus test is necessary, then the same shall be
conducted. If the applicants are not found suspected of Covid19
infection or if their test report is negative, then the concerned
local administration shall make necessary arrangements for
sending the applicants to their 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 they are found
positive then the applicants shall be immediately sent to
concerning hospital for their treatment as per medical norms.
The applicants are further directed to strictly follow all the
instructions which may be issued by the Central Govt./State
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Govt. or Local Administration for combating Covid19. If it is
found that the applicants have 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 them in custody and would
send them to the same jail from where they were released. The
applicants are further directed to supply a copy of this bail order
to the police station having jurisdiction over their 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.
It is made clear that single default in appearance before the
Trial Court, or in case of registration of new offence, this bail order
shall automatically come to an end and the cash surety so furnished
by the applicants shall automatically stand forfeited without any
reference to the Court.
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.
C.C. As per rules.
(G.S. Ahluwalia)
Judge
Pj'S/-
PRINCEE
BARAIYA
2021.07.23
15:06:19 -07'00'
