Balla @ Gajendra @ Mukesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6287 MP

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          THE HIGH COURT OF MADHYA PRADESH
                          Mcrc.46817/2021
         Balla alias Gajendra alias Mukesh v. State of M.P


Gwalior, Dated : 01.10.2021

      Shri Narottam Sharma, Counsel for the applicant.

      Smt. Padmashri Agarwal, Counsel for the State.

      Case diary is available.

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

filed for grant of bail.

      The applicant has been arrested on 09.09.2014 in connection

with Crime No.55/2010 registered at Police Station Ater, Distt.

Bhind for offence under Sections 392, 342, 395, 397, 412 of IPC and

under Section 11/13 of MPDVPK Adhiniyam.

      It is submitted by the Counsel for the applicant that it is a case

of bail jump. The applicant did not appear before the trial Court on

23.4.2013

and, accordingly, his bail bonds were canceled and arrest

warrants were issued and the applicant is in jail from 09.9.2014.

By order dated 25.9.2021, this Court had directed the public

Prosecutor to inform the correct date of re-arrest after the bail jump.

A letter dated 29.9.2021 which is addressed to Shri Sangam Jain,

Govt. Advocate has been received from the office of Superintendent

Central Jail, Gwalior in which it is mentioned that the applicant is in

jail from 9.9.2014 in connection with Crime No. 55/2010 (the present

case). It is also mentioned that in S.T. No 101/2009, the applicant

THE HIGH COURT OF MADHYA PRADESH Mcrc.46817/2021 Balla alias Gajendra alias Mukesh v. State of M.P

was awarded jail sentence of 10 years by judgment and sentence

dated 6.8.2015 passed by Special Judge (SC/ST Act), Morena and he

is undergoing the said jail sentence also.

Be that whatever it may be.

As per the letter sent by the Superintendent Central Jail,

Gwalior, the applicant is in jail from 09.9.2014. Under these

circumstances, this Court is of the considered opinion that the

applicant can be released on bail subject to deposit the bail bond

amount executed by him on the earlier occasion.

Per contra, the application is vehemently opposed by the

Counsel for the State.

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).

THE HIGH COURT OF MADHYA PRADESH Mcrc.46817/2021 Balla alias Gajendra alias Mukesh v. State of M.P

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 facts and circumstances of the case, 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 subject to deposit the bail bond amount executed

by him on the earlier occasion and on furnishing a fresh personal

THE HIGH COURT OF MADHYA PRADESH Mcrc.46817/2021 Balla alias Gajendra alias Mukesh v. State of M.P

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 :

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

THE HIGH COURT OF MADHYA PRADESH Mcrc.46817/2021 Balla alias Gajendra alias Mukesh v. State of M.P

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 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 HIGH COURT OF MADHYA PRADESH Mcrc.46817/2021 Balla alias Gajendra alias Mukesh v. State of M.P

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) Judge ar

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya

RAHMAN Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26 d2b510cc133f1b56faa63e77b, cn=ABDUR RAHMAN Date: 2021.10.01 17:23:10 -07'00'