Gyan Singh Cheepa vs The State Of Madhya Pradesh
2021 Latest Caselaw 5151 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.44337/2021
           Gyan Singh Cheepa & Anr. vs. State of M.P.

Gwalior, Dated : 08.09.2021

      Shri Ankur Maheshwari, Counsel for the applicants.

      Smt.     Padamshri         Agrawal,   Panel   Lawyer   for   the

respondent/State.

Case diary is available.

This second application under Section 439 of Cr.P.C. has been

filed for grant of bail. The first application was dismissed as

withdrawn by order dated 20.7.2021 passed in

M.Cr.C.No.34030/2021 with liberty to revive the prayer after the

charge sheet is filed.

The applicants have been arrested on 28.6.2021 in connection

with Crime No.230/2020 registered at Police Station Pichhore,

District Gwalior for offence under Sections 324, 323, 294, 506, 147,

148, 149, 326 of IPC.

It is submitted by the counsel for the applicants that the police

after completing the investigation has filed the charge sheet. It is

submitted that according to the prosecution case, the incident took

place on the issue of raising fencing around the field. The allegation

against the applicant No.1 is that he had given a blow on the head of

the injured Santosh by a Lohangi and the corresponding injury on the

forehead of the injured Santosh has been found. The applicant No.2

THE HIGH COURT OF MADHYA PRADESH MCRC No.44337/2021 Gyan Singh Cheepa & Anr. vs. State of M.P.

had caused an injury on the jaw by means of brick. It is submitted that

the incident took place on the issue of raising fence. The incident took

place without any premeditation. The trial is likely to take sufficiently

long time and there is no possibility of their absconding or tampering

with the prosecution case.

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.44337/2021 Gyan Singh Cheepa & Anr. vs. State of M.P.

(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 allegations, 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 applicants 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 each to the satisfaction of the Trial Court or

C.J.M. or Remand Magistrate (Whosoever is available). The

applicants 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 HIGH COURT OF MADHYA PRADESH MCRC No.44337/2021 Gyan Singh Cheepa & Anr. vs. State of M.P.

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

applicants, the jail authorities shall get the applicants examined

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

their Corona Virus test is necessary, then the same shall be

conducted. If the applicants are not found suspected of Covid19

infection or if their test report is negative, then the concerned

local administration shall make necessary arrangements for

sending the applicants 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.44337/2021 Gyan Singh Cheepa & Anr. vs. State of M.P.

positive then the applicants shall be immediately sent to

concerning hospital for his treatment as per medical norms. The

applicants 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 applicants have 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 them in custody and would send them to

the same jail from where they were released. The applicants are

further directed to supply a copy of this bail order to the police

station having jurisdiction over their 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.44337/2021 Gyan Singh Cheepa & Anr. vs. State of M.P.

bail be sent to the complainant.

With aforesaid observations, this application is Allowed.

                                                               (G.S. Ahluwalia)
  (alok)                                                             Judge




ALOK KUMAR
2021.09.09 14:03:42 +05'30'