Madhya Pradesh High Court

Ashok Soni @ Golu vs The State Of Madhya Pradesh on 5 May, 2021

Author: Gurpal Singh Ahluwalia

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.19428/2021 Ashok Soni @ Golu vs. State of MP

Jabalpur, Dated : 05-05-2021

Shri Prahlad Choudhary, Counsel for the applicant.

Shri Anvesh Shrivastava, Counsel for the State.

Heard finally through Video Conferencing.

Case diary is not available.

On 22.04.2021 and 30.04.2021 opportunity was granted to the

State Counsel to requisition the case diary.

It is submitted by the Counsel for the applicant that since

sufficient time has been granted therefore no further time should be

granted to the State and the bail application may be decided on the

basis of the well reasoned order passed by the Court below.

In view of the fact that multiple opportunities were already

granted to the State to produce the case diary, the prayer for

adjournment is refused.

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

for grant of bail.

The applicant has been arrested on 28.10.2020 in connection with

Crime No.821/2020 registered at Police Station Kotwali, Distt. Shahdol

(M.P.) for offence under Section 8/20 of the NDPS Act.

From the rejection order it is clear that the applicant was found

in possession of 10 Kg. of Ganja. The applicant is in jail for the last

more than six months. The applicant has filed the copies of the THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.19428/2021 Ashok Soni @ Golu vs. State of MP

judgment/register to show that the applicant was tried for six criminal

cases and and he has been acquitted in all those cases. The Trial is

likely to take sufficiently long 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. It is submitted by the Counsel for the State that in view of

the copies of the judgments annexed by the applicant himself, it is clear

that the applicant had criminal history.

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 M.Cr.C. No.19428/2021 Ashok Soni @ Golu vs. State of MP

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, 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 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 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.19428/2021 Ashok Soni @ Golu vs. State of MP

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 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 Govt./State Govt. or Local THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.19428/2021 Ashok Soni @ Golu vs. State of MP

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