Govindsingh Bhadoriya vs The State Of Madhya Pradesh
2021 Latest Caselaw 5384 MP

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       THE HIGH COURT OF MADHYA PRADESH
                 MCRC No.44306/2021
     (GOVIND SINGH BHADAURIYA VS. STATE OF M.P.)

Gwalior dtd. 14/09/2021

      Shri Ravi Dwivedi, learned counsel for the applicant.

      Shri C.P.Singh, learned counsel for the State.

      Case diary is available.

      This is third repeat bail application filed under Section 439 of

Cr.P.C. for grant of bail. The second bail application of the

applicant was dismissed on merits by order dated 16/08/2021

passed in MCRC No.40579/2021.

      The applicant has been arrested on 16/06/2021 in connection

with Crime No.366/2021 registered by Police Station Maharajpura,

District Gwalior for offence punishable under Section 34(2) of M.P.

Excise Act.

      It is submitted by the counsel for the applicant that according

to the prosecution case, 10 boxes of country made liquor was seized

from the possession of the applicant. It is fairly conceded that the

applicant has a criminal history and out of nine more criminal

cases, two cases were registered under Section 34 of M.P. Excise

Act and two cases under Section 34(2) of M.P. Excise Act.

However, it is submitted that the applicant is in jail from

16/06/2021

and in the light of the criminal antecedents, he is ready

and willing to abide by any stringent condition, which may be

imposed by this Court including that of furnishing cash surety. The

Trial is likely to take sufficiently long time and there is no

possibility of his absconding or tempering with prosecution

witnesses.

Per contra, the application is vehemently opposed by the

Counsel for the State. It is submitted that while rejecting the

second bail application of the applicant, this Court by order dated

16/08/2021 passed in MCRC No.40579/2021 has observed that the

applicant has not shown any improvement in his behavior in spite

of the fact that he has been granted bail in the previously instituted

cases under M.P. Excise Act. It is further submitted that the

minimum sentence for offence under Section 34(2) of M.P. Excise

Act is one year and the applicant is in jail only for a period of three

months.

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 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 period of detention as well as considering

the concessional statement made by the counsel for the applicant

that he is ready to furnish cash surety, 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 applicant be released on

bail, on furnishing cash surety of Rs.2,00,000 (Rs. Two Lacs) 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. 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 case of bail jump, or violation of any of the condition(s)

mentioned above, this order shall automatically lose its effect.

It is made clear that single default in appearance before the

Trial Court, or in case of registration of new offence, this bail order

shall automatically come to an end and the cash surety so furnished

by the applicant shall automatically stand forfeited without any

reference to the Court.

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)
Pj'S/-                                                                        Judge

         Digitally signed
         by PRINCEE
         BARAIYA
         Date: 2021.09.14
         17:06:43 -07'00'