Ravi Gurjar vs The State Of M.P.
2021 Latest Caselaw 2598 MP

                              1
          THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.27215/2021
              Ravi Gurjar & Anr. vs. State of M.P.

                     Through Video Conferencing

Gwalior, Dated : 22.06.2021

       Shri Inder Singh Asthana, Counsel for the applicants.

       Shri BPS Chauhan, Public Prosecutor for the respondent/State.

Case diary is not available. Accordingly, the bail application is

being decided on the basis of the averments made in the application

as well as facts mentioned in the impugned order.

This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicants have been arrested on 29.5.2021 in connection

with Crime No.122/2021 registered at Police Station Noorabad,

District Morena for offence under Section 34(2) of M.P. Excise Act.

It is submitted by the Counsel for the applicants that according

to the prosecution case, 60 bulk liters of country made liquor has

been seized from the joint possession of the applicants. It is

submitted that the applicants are in jail from 29.5.2021. It is further

submitted that the applicant no.1 had a criminal history and three

offences were registered against him and in all those three cases he

has been acquitted and he has filed copy of judgments of acquittal

passed in Crime No.538/2014 registered at Police Station City

Kotwali, District Morena for offence under Sections 323, 294, 506-B,

34 of IPC, Crime No.2147/2013 registered at Police Station City

THE HIGH COURT OF MADHYA PRADESH MCRC No.27215/2021 Ravi Gurjar & Anr. vs. State of M.P.

Kotwali, District Morena for offence under Sections 323, 294 of IPC

and Crime No.462/2018 registered at Police Station City Kotwali,

District Morena for offence under Sections 323, 294, 148, 149, 336,

506 of IPC. It is further submitted that the applicant no.2 has no

criminal history. 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. It is submitted by the counsel for the State that

in absence of the police case diary, he is not in a position to make a

statement as to whether any other offence has been registered against

the applicants apart from the three offences which has been disclosed

by the applicants or not.

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.27215/2021 Ravi Gurjar & Anr. vs. State of M.P.

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.

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 a

personal bond in the sum of Rs. 1,00,000 (Rs. One Lac) with one

surety in the like amount each to the satisfaction of the Trial Court or

THE HIGH COURT OF MADHYA PRADESH MCRC No.27215/2021 Ravi Gurjar & Anr. vs. State of M.P.

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 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 are necessary, then the same shall be

THE HIGH COURT OF MADHYA PRADESH MCRC No.27215/2021 Ravi Gurjar & Anr. vs. State of M.P.

conducted. If the applicants are not found suspected of Covid19

infection or if their test report are negative, then the concerned

local administration shall make necessary arrangements for

sending the applicants to their houses 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 applicants shall be immediately sent to

concerning hospital for his 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

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 he was released. The

applicants are 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.

THE HIGH COURT OF MADHYA PRADESH MCRC No.27215/2021 Ravi Gurjar & Anr. vs. State of M.P.

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.

Before releasing the applicants on bail, the Court below is

directed to verify the criminal antecedents of the applicants. If it is

found that apart from three cases disclosed by the applicants if any

other offence was also registered against the applicants, then this

order shall automatically lose its effect and the Court below shall not

be obliged to release the applicants on bail.

With aforesaid observations, this application is finally

disposed of.

                                                             (G.S. Ahluwalia)
(alok)                                                             Judge




ALOK KUMAR
2021.06.23 10:38:45 +05'30'