Madhya Pradesh High Court
Imran Khan vs The State Of Madhya Pradesh on 27 July, 2021
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.36600/2021
Imran Khan vs. State of M.P.
Through Video Conferencing
Gwalior, Dated : 27.07.2021
Shri Asad Khan, Counsel for the applicant.
Shri A.K. Nirankari, Public Prosecutor for the respondent/State.
Case diary is available.
This second application under Section 439 of Cr.P.C. has been
filed for grant of bail. The first application was dismissed as
withdrawn by order dated 26.3.2021 passed in
M.Cr.C.No.13778/2021.
The applicant has been arrested on 12.01.2021 in connection
with Crime No.439/2020 registered at Police Station Kotwali,
District Datia for offence under Sections 323, 294, 307, 34 of IPC.
It is submitted by the counsel for the applicant that according to
the prosecution case, the complainant and Firoz were consuming
liquor near Hanuman Temple. It is alleged that at that time the
applicant along with other co-accused persons came there and started
abusing them. When Firoz objected to it, then the co-accused
Suleman assaulted on the head of Firoz by means of sword whereas
the applicant fired a gunshot causing injury in the abdominal region
of the complainant. It is submitted that the applicant is in jail for the
last more than six months. The trial is likely to take sufficiently long
THE HIGH COURT OF MADHYA PRADESH
MCRC No.36600/2021
Imran Khan vs. State of M.P.
time and there is no possibility of his absconding or tampering with
the prosecution case.
Per contra, the application is vehemently opposed by the
counsel for the State. However, after going through the police case
diary, it is fairly conceded that there is nothing to indicate the
criminal antecedents of the applicant.
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
THE HIGH COURT OF MADHYA PRADESH
MCRC No.36600/2021
Imran Khan vs. State of M.P.
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 period of detention and without commenting
on the merits of the case, it is directed that the applicant be released
on bail, on furnishing a personal bond in the sum of Rs.1,00,000/-
(Rs. One Lac) with one surety in the like amount to the satisfaction
of the Trial Court or C.J.M. or Remand Magistrate (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 :
THE HIGH COURT OF MADHYA PRADESH
MCRC No.36600/2021
Imran Khan vs. State of M.P.
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 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
THE HIGH COURT OF MADHYA PRADESH
MCRC No.36600/2021
Imran Khan vs. State of M.P.
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.
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)
(alok) Judge
ALOK KUMAR
2021.07.27 18:41:39 +05'30'
