Mukesh Rajak vs The State Of Madhya Pradesh
2021 Latest Caselaw 5048 MP

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         THE HIGH COURT OF MADHYA PRADESH
                   CRA No.5174/2021
(MUKESH RAJAK & ANOTHER Vs THE STATE OF MADHYA PRADESH AND
                        ANOTHER)

Gwalior, Dated : 06/09/2021

      Shri M.M. Tripathi, counsel for the appellants.

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

      Ms. Ayushi Yadav, counsel for Complainant through video

conferencing.

      This 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

11/08/2021 passed by Special Judge, the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act , Guna by which the

application filed by the appellants for grant of bail has been rejected.

      The appellants has been arrested on 30/06/2021 in connection

with Crime No.38/2021 registered at Police Station Vijaypur, District

Guna for offence punishable under Sections 3 (1) (n), 3 (1) (/k), 3 (2)

(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities), Act and Section 92 of Divyang Jan Adhikar Act.

      In the appeal, it is mentioned that the date of arrest of the

appellants is 25.04.2021. However, it is pointed out by the Counsel

for the State that in fact the appellants were arrested on 30.06.2021.

      It is submitted by the counsel for the appellants that as per

prosecution case, a dispute was going on between the deaf and dumb

son of complainant with Rajendra Bihari. At that time, appellant No.2
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           THE HIGH COURT OF MADHYA PRADESH
                     CRA No.5174/2021
(MUKESH RAJAK & ANOTHER Vs THE STATE OF MADHYA PRADESH AND
                        ANOTHER)

came there and started abusing and humiliating and insulting him by

calling by his caste name. When it was objected by son of

complainant, the appellant No.2 gave a lathi blow on the head of

injured. The appellant No.1 also gave lathi blow on the right side of

chest of injured. While fleeing away, the appellants also extended

threat that in case if the FIR is lodged then they would be killed.

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

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

injured had suffered fracture of left radius and ulna bone. However, it

is fairly conceded that the said injury was caused by appellant No.1.

It is further submitted that the appellant No.1 has a criminal history

and number of criminal cases have been registered against him.

Considered the submissions made by the Counsel for the

parties.

So far as the allegation against appellant No.2 is concerned, he

is alleged to have given a lathi blow to Anil on his forehead and one

abrasion was found on the right side of his forehead which is simple

in nature. So far as appellant No.2 is concerned, it is true that the

complainant has suffered the fracture of left radius and ulna bone,

however, appellant No.2 is in jail for more than last two months.

The Supreme Court by order dated 23-3-2020 passed in the

THE HIGH COURT OF MADHYA PRADESH CRA No.5174/2021 (MUKESH RAJAK & ANOTHER Vs THE STATE OF MADHYA PRADESH AND ANOTHER)

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 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

THE HIGH COURT OF MADHYA PRADESH CRA No.5174/2021 (MUKESH RAJAK & ANOTHER Vs THE STATE OF MADHYA PRADESH AND ANOTHER)

Committee may consider appropriate."

Considering the period of detention and looking the period of

detention, 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

appellants be released on bail, on furnishing a personal bond in the

sum of Rs.1,00,000/- (Rs. One Lac) each with one surety each in the

like amount to the satisfaction of the Trial Court or C.J.M. or Remand

Magistrate (Whosoever is available). The appellants shall also

furnish an undertaking that they 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

THE HIGH COURT OF MADHYA PRADESH CRA No.5174/2021 (MUKESH RAJAK & ANOTHER Vs THE STATE OF MADHYA PRADESH AND ANOTHER)

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

appellants, the jail authorities shall get the appellants 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 appellants are 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 appellants to their 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 they are found positive

then the appellants shall be immediately sent to concerning

hospital for his treatment as per medical norms. The appellants

are 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

appellants have violated any of the instructions (whether general

or specific) issued by the Central Govt./State Govt. or Local

THE HIGH COURT OF MADHYA PRADESH CRA No.5174/2021 (MUKESH RAJAK & ANOTHER Vs THE STATE OF MADHYA PRADESH AND ANOTHER)

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 they were released. The appellants are 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.

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 appeal is Allowed.

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2021.09.08 16:01:12 +05'30'