Rocky vs The State Of Madhya Pradesh
2021 Latest Caselaw 5382 MP

                            1
         THE HIGH COURT OF MADHYA PRADESH
                  MCRC No.43976/2021
                 Rocky vs. State of M.P.

Gwalior, Dated : 14.09.2021

      Shri Amit Lahoti, Counsel for the applicant.

      Shri C.P. Singh, Panel Lawyer for the respondent/State.

Shri Rajiv Sharma, Counsel for the complainant.

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withdrawn by order dated 11.8.2021 passed in

M.Cr.C.No.39136/2021.

The applicant has been arrested on 12.7.2021 in connection

with Crime No.592/2021 registered at Police Station Dabra Sahar,

District Gwalior for offence under Sections 327, 323, 294, 506, 34,

365 of IPC.

It is submitted by the counsel for the applicant that on the last

date of hearing, the counsel for the complainant had pointed out that

the applicant has a criminal history and in response to that query,

yesterday the applicant has filed his reply to show that even the

complainant has a criminal history. The complainant has changed his

version from time to time as per his convenience. In FIR, there was

no allegation of abduction or demand of ransom whereas in her

statement under Section 161 of Cr.P.C., the allegation of abduction

THE HIGH COURT OF MADHYA PRADESH MCRC No.43976/2021 Rocky vs. State of M.P.

was made and in the statement under Section 164 of Cr.P.C. not only

the allegations of demand of money for purchasing liquor as well as

abduction were made but the allegations for demand of ransom were

also made. The applicant is in jail for the last more than two months.

The trial is likely to take sufficiently long 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 Rajiv Sharma that the applicant was mercilessly

beaten and multiple bruises and abrasions were found on his body

and he has also filed the colored photograph of the injured to show

the extent of impact of injuries caused to him.

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.43976/2021 Rocky vs. State of M.P.

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 fact that the applicant as well as the

complainant party has a criminal antecedents coupled with the fact

that the complainant has improved his version from stage to stage as

well as looking to the period of detention, the application is allowed.

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 only) with

THE HIGH COURT OF MADHYA PRADESH MCRC No.43976/2021 Rocky vs. State of M.P.

one surety in the like amount to the satisfaction of the Trial 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 No.43976/2021 Rocky vs. State of M.P.

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.

This order shall remain in force, till the conclusion of Trial. In

THE HIGH COURT OF MADHYA PRADESH MCRC No.43976/2021 Rocky vs. State of M.P.

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 application is Allowed.

                                                                  (G.S. Ahluwalia)
(alok)                                                                  Judge




ALOK KUMAR
2021.09.14 17:03:40 +05'30'