Balveer vs The State Of Madhya Pradesh
2021 Latest Caselaw 5508 MP

                              1
         THE HIGH COURT OF MADHYA PRADESH
                  MCRC No.45923/2021
                 Balveer vs. State of M.P.

Gwalior, Dated : 16.09.2021

      Shri Atul Gupta, Counsel for the applicant.

      Shri A.K. Nirankari, Public Prosecutor 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 by order

dated 30.7.2021 passed in M.Cr.C.No.37548/2021 with liberty to

revive the prayer after undergoing some reasonable period of

detention.

The applicant has been arrested on 12.6.2021 in connection

with Crime No.58/2021 registered at Police Station Pathariya,

District Vidisha for offence under Sections 34(2) and 49(a) of M.P.

Excise Act.

It is submitted by the counsel for the applicant that five litres

of country-made liquor has been seized from the possession of the

applicant which is said to be unfit for human consumption. The first

bail application of the applicant was dismissed on the ground that six

more criminal cases have been registered against him, out of which

four cases have been registered under Section 34 of Excise Act and

one offence under Section 13 of Public Gambling Act. It is submitted

that the applicant is in jail for more than three months and the

THE HIGH COURT OF MADHYA PRADESH MCRC No.45923/2021 Balveer vs. State of M.P.

minimum sentence for offence under Section 49-A(1)(d)(i) of M.P.

Excise Act is 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. It is further submitted that in the light of the

criminal antecedents of the applicant, he is ready and willing to

abide by any stringent condition which may be imposed by this

Court including that of furnishing cash surety.

Per contra, the application is vehemently opposed by the

Counsel for the State. It is submitted that the applicant is a habitual

offender dealing with illicit liquor.

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 HIGH COURT OF MADHYA PRADESH MCRC No.45923/2021 Balveer vs. State of M.P.

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 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 applicant be released on bail, on furnishing cash

surety of Rs. 2,00,000/- (Rs. Two Lac Only) 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.45923/2021 Balveer vs. State of M.P.

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.45923/2021 Balveer vs. State of M.P.

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.45923/2021 Balveer vs. State of M.P.

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)
 (alok)                                                            Judge




ALOK KUMAR
2021.09.17 16:21:34 +05'30'