Nawab Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 5077 MP

Citation : 2021 Latest Caselaw 5077 MP
Judgement Date : 6 September, 2021

Madhya Pradesh High Court

Nawab Khan vs The State Of Madhya Pradesh on 6 September, 2021

Author: Gurpal Singh Ahluwalia

    1      THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.44178/2021
                 Nawab Khan vs. State of M.P.

Gwalior, Dated:06/09/2021

        Shri S.K. Shrivastava, Counsel for the applicant.

        Shri   A.K.     Nirankari,      Public   Prosecutor    for   the

respondent/State.

Case diary is available.

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

filed for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime

No.75/2020 registered at Police Station Lateri, District Vidisha for

offence under Sections 294, 323, 506, 34, 324 and 326 of IPC.

It is submitted by the counsel for the applicant that earlier the

applicant was granted bail, however, at a later stage, the offence

under Section 326 of IPC was also added. The allegations against the

applicant and other co-accused persons are that they assaulted the

injured. It is alleged that Khalid assaulted on the finger of the injured

which resulted in the amputation of upper part of his finger. The

applicant is ready and willing to abide by any stringent condition

which may be imposed by the Court. The trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tampering with the prosecution case. This Court by order dated

13.7.2021 passed in M.Cr.C.No.34308/2021 has granted bail to the

co-accused Halim Khan.

     2      THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.44178/2021
                 Nawab Khan vs. State of M.P.

Per contra, the application is vehemently opposed by the

counsel for the respondent/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).

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 3 THE HIGH COURT OF MADHYA PRADESH MCRC No.44178/2021 Nawab Khan vs. State of M.P.

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 fact 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 appears before the Trial Court on or before the next

date of hearing and furnishes his personal bond in the sum of Rs.

1,00,000/- (Rs. One Lac) to the satisfaction of the Trial Court, then

he shall be released on bail. 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 other conditions of Section 438 Cr.P.C. shall remain the

same.