Gayaprasad vs The State Of Madhya Pradesh
2021 Latest Caselaw 5134 MP

Citation : 2021 Latest Caselaw 5134 MP
Judgement Date : 7 September, 2021

Madhya Pradesh High Court

Gayaprasad vs The State Of Madhya Pradesh on 7 September, 2021

Author: Gurpal Singh Ahluwalia

        THE HIGH COURT OF MADHYA PRADESH
                 M.Cr.C. No. 41788/2021
                Gayaprasad vs. State of MP

Gwalior, Dated : 07/09/2021

      Shri S.K.Tiwari, Counsel for the applicant through video

conferencing.

      Shri C.P. Singh, Counsel for the 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.343/2020 registered at Police Station Aron, Distt. Guna for

offence under Section(s) 294, 324, 323, 326 of I.P.C.

      It is submitted by the Counsel for the applicant, that on a

trivial issue, it appears that a free fight took place between the

parties. The applicant has also suffered grievous injuries including

the fracture of right tibia fibula bone. Even otherwise, there are no

other allegations against the applicant except that he along-with other

co-accused armed with lathi caused injury to Pushpa Bai, Ram Babu

and Golu. It is submitted that so far as the allegation of causing

injury on the head of Rinku by means of farsa is concerned, the same

is against co-accused Ravindra. The applicant is aged about 68 years.

He is ready and willing to co-operate in the investigation. The Trial

is likely to take sufficiently long time.

      Per contra, the application is vehemently opposed by the
            THE HIGH COURT OF MADHYA PRADESH
                    M.Cr.C. No. 41788/2021
                   Gayaprasad vs. State of MP

Counsel for the 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
            maximum.
            It is made clear that we leave it open for the High
            Powered Committee to determine the category of
          THE HIGH COURT OF MADHYA PRADESH
                  M.Cr.C. No. 41788/2021
                 Gayaprasad vs. State of MP

           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 appears before the Investigating officer on or before

14.09.2021

and furnishes his personal bond in the sum of Rs.

1,00,000 (Rs. One Lac) to the satisfaction of the investigating

officer, 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.

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.