Madhya Pradesh High Court
Jaswant Singh vs The State Of Madhya Pradesh on 9 June, 2021
Author: Vishal Mishra
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HIGH COURT OF MADHYA PRADESH
MCRC.No.27428/2021
(Jaswant Singh Vs. The State of M.P.)
Gwalior, Dated : 09.06.2021
Shri Atul Gupta, learned counsel for the applicant.
Shri Naval Kishore Gupta, learned Govt. Advocate for the State.
Heard through Video Conferencing.
The applicant has filed this second application u/S.439 Cr.P.C.
for grant of bail. The applicant has been arrested on 09.03.2021 by
Police Station Chachoda, Guna (M.P.) in connection with Crime
No.38/2021 registered in relation to the offence punishable u/S. 34 (2)
M.P. Excise Act.
It is alleged by the counsel for the applicant that the first bail
application was dismissed as withdrawn by this Court vide order dated
09.04.2021 passed in M.Cr.C.No.18998/2021. As per prosecution
story, 100 litres liquor has been recovered from the possession of the
present applicant. As the charge sheet has been filed on 21.03.2021,
therefore, there is no further requirement of custodial interrogation of
the present applicant. The applicant is in custody since 09.03.2021 and
he is ready to abide by all the terms and conditions that may be
imposed by this Court while considering the application for grant of
bail. There is no possibility of his absconding or tampering with the
prosecution case. Looking to the present scenario of Covid-19, learned
counsel for the applicant prays for grant of bail to the applicant.
Per contra, learned Govt. Advocate for the State has opposed the
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HIGH COURT OF MADHYA PRADESH
MCRC.No.27428/2021
(Jaswant Singh Vs. The State of M.P.)
bail application stating that the applicant is having criminal history of
six cases. Three case are of past and three case are of the Excise Act
registered against the present applicant.
Considering the overall facts and circumstances of the case and
looking to the present scenario of Covid-19, coupled with the fact that
the Hon'ble Supreme by order dated 23.03.2020 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 Level 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
under trial 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
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HIGH COURT OF MADHYA PRADESH
MCRC.No.27428/2021
(Jaswant Singh Vs. The State of M.P.)
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."
and in the light of the Division Bench has recently passed the
judgment in the case of In Reference (Suo Moto) Vs. Union of India
and Others vide dated 23.04.2021 in W.P.No.8820/2021, this Court
deems it appropriate to allow this application.
The application is allowed. The applicant is directed to be
released on bail on furnishing surety bond of Rs.50,000/- (Rs. Fifty
Thousand Only) with one solvent surety of the like amount to the
satisfaction of the Investigation Officer/trial Court as the case may be
with submission of written undertaking and the applicant will abide by
all terms and conditions of the different circulars, orders as well as
guidelines issued by the Central Government, State Government as
well as Local Administration for maintaining social distancing, hygiene
etc to avoid Novel Corona Virus (COVID -19) pandemic and he will
have to install Arogya Setu App, if not already installed.
This order will remain operative subject to compliance of the
following conditions by the applicant :-
1.
The applicant will comply with all the terms and conditions of
the bond executed by him;
HIGH COURT OF MADHYA PRADESH
MCRC.No.27428/2021
(Jaswant Singh Vs. The State of M.P.)
2. The applicant will cooperate in the investigation/trial, as the case
may be;
3. The applicant will not indulge himself in extending inducement,
threat or promise to any person acquainted with the facts of the case so
as to dissuade him from disclosing such facts to the Court or to the
Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence
of which he is accused;
5. The applicant will not move in the vicinity of complainant party
and the applicant will not seek unnecessary adjournments during the
trial;
6. The applicant will not leave India without previous permission
of the trial Court/Investigating Officer, as the case may be.
7. In case of involvement of the present applicant in any other
offence, the benefit of bail granted by this Court shall stand
cancelled automatically.
8. The applicant will inform the concerned S.H.O. of concerned
Police Station about him residential address in the said area and it
would be the duty of the Govt. Advocate to send copy of this order to
SHO of concerned police station as well as the concerning
Superintendent of Police who shall inform the concerned SHO
regarding the same.
HIGH COURT OF MADHYA PRADESH
MCRC.No.27428/2021
(Jaswant Singh Vs. The State of M.P.)
Application stands allowed.
In view of the COVID-19, jail authorities are directed that before
releasing the applicant, medical examination of applicant shall be
undertaken by the jail doctor and on prima facie, if it is found that he is
having the symptoms of COVID-19, then consequential follow up
action including the isolation/quarantine or any test if required, be
ensured, otherwise applicant shall be released immediately on bail and
shall be given a pass or permit for movement to reach his place of
residence.
E-copy of this order be provided to the applicant and E-copy of
this order be sent to the trial Court concerned for compliance. It is
made clear that E-copy of this order shall be treated as certified copy
for practical purposes in respect of this order.
(Vishal Mishra)
AK/- Judge
ANAND KUMAR
2021.06.10
11:30:24
+05'30'
