Madhya Pradesh High Court
Vishnu Rajput vs The State Of Madhya Pradesh on 16 September, 2021
Author: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCRC No.45621/2021
(VISHNU RAJPUT VS. STATE OF M.P.)
Gwalior dtd. 16/09/2021
Shri Anoop Pateriya, learned counsel for the applicant.
Shri A.K.Nirankari, learned counsel for the State.
Case diary is not available.
It is submitted by the counsel for the applicant that since the
rejection order has been passed in detail, therefore, the application
may be considered on the basis of the same.
Prayer accepted.
This is second repeat bail application filed under Section 439
of Cr.P.C. for grant of bail. The first bail application of the applicant
was dismissed as withdrawn by order dated 12/08/2021 passed in
MCRC No.39917/2021.
The applicant has been arrested on 05/06/2021 in connection
with Crime No.346/2021 registered by Police Station Gwalior,
District Gwalior for offence punishable under Section 49(A) of
M.P. Excise Act.
It is submitted by the counsel for the applicant that first bail
application was rejected mainly on the ground that the applicant has
a criminal history and as many as 18 criminal cases have been
registered against him. It is submitted that the applicant is facing
trial in five cases only and in the remaining cases he has been
acquitted even otherwise, the applicant is in jail for the last more
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than three months and even if the allegations are accepted, then it is
clear that the minimum sentence for offence under Section 439-A(i)
is RI for two months. 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.
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
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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 facts and circumstances of the case as well
as considering the fact that in view 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.1,00,000 (Rs. One Lac) 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
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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
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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: 2021.09.16
17:10:51 -07'00'
