Pradeep Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 4879 MP

Citation : 2021 Latest Caselaw 4879 MP
Judgement Date : 1 September, 2021

Madhya Pradesh High Court

Pradeep Singh vs The State Of Madhya Pradesh on 1 September, 2021

Author: Gurpal Singh Ahluwalia

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 41715/2021 Pradeep Singh & Another vs. State of MP

Gwalior, Dated : 01/09/2021

Shri Ankur Tiwari, counsel for the applicants.

Shri A.K. Nirankari, counsel for the State.

Ms. Meenu Sharma, counsel for complainant through video

conferencing.

Case diary is available.

This first application under Section 438 of Cr.P.C. has been

filed for grant of anticipatory bail.

The applicants apprehend their arrest in connection with Crime

No.215/2021 registered at Police Station Gohad Chouraha Distt.

Bhind for offence under Section(s) 327, 323, 294, 506/34 of I.P.C. It

is submitted by State Counsel that offence under Section 329 of IPC

has also been added.

In view of the fact that the blow given by applicant No.1-

Pradeep Singh to the injured had caused fracture of nasal bone, the

counsel for the applicants seeks permission of this Court to withdraw

the application of applicant No.1-Pradeep Singh.

Accordingly, the application of applicant No.1-Pradeep

Singh is dismissed as withdrawn.

As regards applicant No.2-Nitesh Singh, it is submitted by

counsel for the applicant that allegation of demand of Rs. 200 for

liquor is false. Even otherwise, no injury was caused by the applicant THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 41715/2021 Pradeep Singh & Another vs. State of MP

No.2-Nitesh Singh which can be said to be grievous in nature. It

appears that there is some dispute between two neighbors. The

applicant No.2 is a young boy aged about 20 years and his

incarceration may ruin his career. The applicant No.2 is ready and

willing to co-operate in the investigation. There is no likelihood of

his absconding or tempering with prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State as well as complainant. It is submitted that in

the first half of the day also, the applicant No.2 had assaulted the

elder brother of complainant and on the basis of the complaint lodged

by Saurabh Bhadoriya, the crime No.213/2021 was registered against

the applicant No.2-Nitesh Singh for offence punishable under

Sections 323, 294, 506 of IPC.

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 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 41715/2021 Pradeep Singh & Another vs. State of MP

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 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

deteriorating situation in view of second wave of Covid19 pandemic,

and without commenting on the merits of the case, it is directed that

if the applicant No.2-Nitesh Singh appears before the Investigating

officer on or before 08.09.2021 and furnishes his personal bond in

the sum of Rs. 1,00,000 (Rs. One Lac) to the satisfaction of the THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 41715/2021 Pradeep Singh & Another vs. State of MP

investigating officer, then he shall be released on bail. The applicant

No.2 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 other conditions of Section 438 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 case, if the applicant No.2 fails to appear before the

investigating officer on the specified date, then this order shall lose