Narayan @ Ghamandi vs The State Of Madhya Pradesh
2021 Latest Caselaw 4939 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-43289-2021 Narayan @ Ghamandi Vs. State of MP

Gwalior, Dated : 02-09-2021

Shri Ashish Bhadoriya, Counsel for the applicant.

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

Shri Harshit Sharma, Counsel for the complainant.

Case Diary is available.

This third application under Section 439 of CrPC has been

filed for grant of bail. Second application of the applicant was

dismissed on merits by order dated 01.07.2021 passed in M.Cr.C.

No.29575/2021.

The applicant has been arrested on 04.03.2021 in connection

with Crime No.603/2020 registered at Police Station Ambah Distt.

Morena for the offence under Sections 307, 34 of IPC and Sections

25, 27 of Arms Act.

It is submitted by the counsel for the applicant that the diary of

crime No.537/2020 registered at Police Station Ambah Distt. Morena

be called.

In response, it is submitted by Shri Harshit Sharma that an

application under Section 482 of CrPC has been filed for quashment

of the said FIR, which has been registered as M.Cr.C. No.5294/2021

and he is in possession of the charge-sheet filed in Crime

No.537/2020 and, accordingly, he has provided the same to the Court

THE HIGH COURT OF MADHYA PRADESH MCRC-43289-2021 Narayan @ Ghamandi Vs. State of MP

for its perusal.

It appears that on 02.08.2020 at about 09:30 PM, the applicant

lodged a report against Jaswant Kevat, Golu Kevat, Shyamu Kevat

and Brahmlal @ Bhura alleging that they had mercilessly assaulted

the father of the present applicant namely Munnalal, as a result, he

was shifted to different hospitals and ultimately he died on his way to

the District Hospital, Morena.

In the present case, the incident is alleged to have taken place

in the intervening night of 2 nd August and 3rd August, 2020 at about

01:30. The allegations are that the applicant and the co-accused

Chhotu knocked the door of the house of the complainant (mother of

the injured) and on opening the same, co-accused Chhotu fired a

gunshot causing injury on the leg of the injured and ultimately, his

one leg has been amputated due to the medical complications.

It is submitted by the counsel for the applicant that in fact, the

applicant has been falsely implicated. Even according to the

statement of Anuj, gunshot was fired by Chhotu, who is real brother

of the applicant. Father, uncle and grand father of Anuj Kevat are the

accused in Crime No.537/2020 and, therefore, it is clear that the

present case was instituted by way of counter blast. The aforesaid

facts could not be brought to the notice of this Court while arguing

previous bail application. The Trial is likely to take sufficiently long

THE HIGH COURT OF MADHYA PRADESH MCRC-43289-2021 Narayan @ Ghamandi Vs. State of MP

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 as well as counsel for the complainant. It is

submitted by Shri Sharma that initially the police was hesitant in

registering the FIR against the present applicant and only after the

complainant approached this Court, the FIR was lodged belatedly.

Be that whatever it may.

The crux of the matter is that the applicant had lost his father

on 02.08.2020 itself and FIR in Crime No.537/2020 was lodged by

him against four accused persons, who are grand father, father and

uncle of the injured Anuj Kevat. Whether the gunshot firing on Anuj

Kevat was by way of revenge or case has been concocted in order to

create counter pressure on the applicant who is a witness in Crime

No.537/2020 is yet to be decided by the Trial Court.

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 MCRC-43289-2021 Narayan @ Ghamandi 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 totality of the facts of the case, this Court is of

the considering opinion that it is a fit case for grant of bail.

Accordingly, 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

THE HIGH COURT OF MADHYA PRADESH MCRC-43289-2021 Narayan @ Ghamandi Vs. State of MP

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

a competent Doctor and if the Doctor is of the opinion that his

Corona Virus test is necessary, then the same shall be conducted.

THE HIGH COURT OF MADHYA PRADESH MCRC-43289-2021 Narayan @ Ghamandi Vs. State of MP

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 other conditions of Section 437, 439 Cr.P.C. shall remain

the same.

THE HIGH COURT OF MADHYA PRADESH MCRC-43289-2021 Narayan @ Ghamandi Vs. State of MP

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 and others Vs. State of M.P. Passed on

18.03.2021 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 Abhi ABHISHEK CHATURVEDI 2021.09.03 14:01:17 +05'30'