Narendra Singh Gurjar vs The State Of Madhya Pradesh
2021 Latest Caselaw 6284 MP

                                  1
         THE HIGH COURT OF MADHYA PRADESH
                  MCRC No.48669/2021
       (NARENDRA SINGH GURJAR VS. STATE OF M.P.)


Gwalior dtd. 01/10/2021

      Shri Sushil Goswami, learned counsel for the applicant.

      Shri Rajeev Upadhyay, learned counsel for the State.

      Case diary is available.

      This is first bail application filed under Section 439 of Cr.P.C.

for grant of bail.

      The applicant has been arrested on 03/08/2021 in connection

with Crime No.483/2021 registered by Police Station Maharajpura,

District Gwalior for offence punishable under Section 49-A of

Excise Act.

      It is submitted by the counsel for the applicant that according

to the prosecution case, 5 liters of country made liquor, which is

alleged to be unfit for human consumption has been seized from the

possession of the applicant. Although, the applicant is in jail from

03/08/2021

, but the FSL report has not been received. The Trial is

likely to take sufficiently long time and there is no possibility of his

absconding or tempering with prosecution witnesses.

Per contra, the application is vehemently opposed by the

counsel for the State. However, it is fairly conceded that the FSL

report has not been received. It is also submitted by the counsel for

the State that as per the police case diary, the applicant has no

criminal antecedents.

THE HIGH COURT OF MADHYA PRADESH MCRC No.48669/2021 (NARENDRA SINGH GURJAR VS. STATE OF M.P.)

At this stage, it is pointed out by the counsel for the applicant

that in fact the applicant has a criminal history and one more

offence under M.P. Excise Act has been registered against the

applicant. In view of the criminal antecedents of the applicant, he is

ready and willing to abide by any stringent condition, which may be

imposed by this Court.

Considered the submissions made by the Counsel for the

parties.

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 as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such

THE HIGH COURT OF MADHYA PRADESH MCRC No.48669/2021 (NARENDRA SINGH GURJAR VS. STATE OF M.P.)

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 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.48669/2021 (NARENDRA SINGH GURJAR VS. STATE OF M.P.)

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

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 HIGH COURT OF MADHYA PRADESH MCRC No.48669/2021 (NARENDRA SINGH GURJAR VS. STATE OF M.P.)

The applicant is 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 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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Maharajpura, District Gwalior on 1st of

every month during the pendency of the Trial.

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.48669/2021 (NARENDRA SINGH GURJAR VS. STATE OF M.P.)

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)
Pj'S/-                                                                    Judge
   Digitally signed
   by PRINCEE
   BARAIYA
   Date: 2021.10.01
   16:10:22 -07'00'