Madhya Pradesh High Court

Bhura @ Digvijay Singh vs The State Of M.P. on 2 September, 2021

Author: Gurpal Singh Ahluwalia

   1      THE HIGH COURT OF MADHYA PRADESH
                     CRA No.5097/2021
              Bhura @ Digvijay vs. State of M.P.

Gwalior, Dated:02/09/2021

       Shri Hemant Singh Rana, Counsel for the appellant.

       Shri Naval Kishore Gupta, Public Prosecutor for the

respondent/State.

None for the complainant.

It is submitted by the counsel for the State that the complainant

has been informed about the pendency of this appeal as required

under Section 15-A of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act.

Case diary is available.

This third Criminal Appeal for grant of bail has been filed

under Section 14A(2) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities), Act, 1989 against the order dated

23.2.2021 passed by Special Judge, MPDVPK Act, Gohad, District

Bhind by which the application filed by the appellant for grant of bail

has been rejected.

The appellant has been arrested on 14.2.2021 in connection

with Crime No.37/2021 registered at Police Station Mow, District

Bhind for offence punishable under Section 392 of IPC, under

Section 11, 13 of MPDVPK Act and under Section 3(2)(va) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities).

It is submitted by the counsel for the appellant that although he 2 THE HIGH COURT OF MADHYA PRADESH CRA No.5097/2021 Bhura @ Digvijay vs. State of M.P.

has filed an appeal for grant of regular bail but at present he does not

wish to press his appeal for grant of regular bail but he would pray

for grant of temporary bail on account of pregnancy of wife of the

appellant who is supposed to deliver a child in the month of October,

2021.

Per contra, the appeal is opposed by the counsel for the

respondent/State. It is submitted by the counsel for the State that the

documents regarding pregnancy of the wife of the appellant are yet to

be verified and, therefore, the same cannot be relied upon.

Heard the learned counsel for the parties.

The appellant has filed a copy of one certificate to show that

the prospective date for delivery of his wife is 25.10.2021 but it is an

incomplete document and does not contain the signatures of the

issuing authority. Even the MPRCH I.D. of the wife of the appellant

is not disclosed, therefore, it is difficult for this Court to rely upon the

certificate filed by the appellant in the present appeal. The appellant

has filed a copy of a report given by Dr. Arhant Raj Jain which says

that the approximate sonographic age of the fetus is 30 weeks 05

days.

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 3 THE HIGH COURT OF MADHYA PRADESH CRA No.5097/2021 Bhura @ Digvijay vs. State of M.P.

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 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."

Under these circumstances, it is directed that in case if the wife

of the appellant appears before the Medical Board and on 4 THE HIGH COURT OF MADHYA PRADESH CRA No.5097/2021 Bhura @ Digvijay vs. State of M.P.

certification by the Board with regard to pregnancy of the wife of the

appellant and on production of the said report before the Trial Court,

if it is satisfied that the wife of the appellant is pregnant and her

prospective date of delivery is 25.10.2021, then the appellant shall be

released on temporary bail up to 11.11.2021 on furnishing the

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

appellant shall also furnish an undertaking that he shall surrender

before the Court below on 11.11.2021 and shall also file the medical

documents of his wife. He shall also furnish an undertaking before

the Court, that he shall abide by all the instructions which may be

issued by the Central Govt./State Govt. or Local Administration for

combating Covid19 from time to time.

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 5 THE HIGH COURT OF MADHYA PRADESH CRA No.5097/2021 Bhura @ Digvijay vs. State of M.P.

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

appellant, the jail authorities shall get the appellant 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 appellant 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 appellant 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 appellant shall be immediately sent to concerning hospital for

his treatment as per medical norms. The appellant 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 appellant has violated

any of the instructions (whether general or specific) issued by the

Central Govt./State Govt. or Local Administration, then this order 6 THE HIGH COURT OF MADHYA PRADESH CRA No.5097/2021 Bhura @ Digvijay vs. State of M.P.

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 appellant 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.

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.