Smt. Munesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3629 MP

Citation : 2021 Latest Caselaw 3629 MP
Judgement Date : 26 July, 2021

Madhya Pradesh High Court

Smt. Munesh vs The State Of Madhya Pradesh on 26 July, 2021

Author: Gurpal Singh Ahluwalia

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          THE HIGH COURT OF MADHYA PRADESH
                        MCRC No.35534/2021
              (SMT. MUNNESH & ANR. VS. STATE OF M.P.)

                     Through Video Conferencing

Gwalior, Dated : 26/07/2021

      Shri Mukesh Chandra Pathak, learned counsel for the

applicants.

      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 applicants apprehend their arrest in connection with Crime

No.358/2021 registered at Police Station Gwalior, District Gwalior

for offence under Sections 452, 326, 323, 324, 294, 506-B of of IPC.

      It is submitted by the counsel for the applicants that according

to the prosecution case, the battery of the auto of the complainant

Banti @ Santosh Rajput was stolen and accordingly, he had inquired

from Rajesh in respect of theft. Rajesh refuted the allegations. On

this issue, the applicants as well as co-accused Ashok Gurjar, Rahul

Gurjar, Santosh, Sunil, Anil, Manoj, Rajesh and elder brother of

Ashok Gurjar came to his house alongwith Lathi, Sword, iron pipes

and started scolding that the complainant is falsely alleging against

Rajesh. When it was objected by the complainant, then Ashok Gurjar

assaulted on his back by means of Sword, Sunil assaulted on the head

of Suresh by means of iron pipes. Manoj and Akhil assaulted Kallu
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Dhakad by means of Lathi and pipes. It is further alleged that all the

accused persons extended the threat to his life. It is submitted that the

applicants are ladies and have been falsely implicated being the

relatives of co-accused persons. Except presence of the applicants no

other allegation has been made against them. They are ready to co-

operate with the Investigating Officer and 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

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
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           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 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 applicants appear before the Investigating officer on or before

02/08/2021

and furnish their personal bond in the sum of Rs.

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

officer, then they shall be released on bail. 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 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.