Madhya Pradesh High Court
Sumer Singh vs The State Of Madhya Pradesh on 20 September, 2021
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.44566/2021
Sumer Singh v. State of M.P.
Gwalior, Dated : 20.9.2021
Shri R.K. Dwivedi, Counsel for the applicant.
Shri Avdhesh Parashar, Counsel for the State.
Case diary is available.
This first application under Section 438 of Cr.P.C. has been
filed for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime
No.803/2020 registered at Police Station Janakganj Distt., Gwalior
for offence under Sections 304-B, 34 of I.P.C.
It is submitted that applicant is the maternal uncle of the father-
in- law of the deceased. He has nothing to do with the family affairs
of the deceased, who is aged about 70 years and is ready and willing
to cooperate with the investigation. Trial is likely to take sufficiently
long time and there is no possibility of his absconding or tamping
with the prosecution case.
Per contra, the application is vehemently opposed by the
Counsel for the State. However, after going through the statement of
father of the deceased, it is fairly conceded that the applicant is
maternal uncle of the father-in-law of the deceased. It is further
submitted by Shri Parashar that in the statement of father of
deceased, it is specifically alleged that it was the applicant who was
demanding the car on behalf of the husband of the deceased.
2
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.44566/2021
Sumer Singh v. State of M.P.
Heard the learned 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
3
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.44566/2021
Sumer Singh v. State of M.P.
which he/she is charged with and is facing trial
or any other relevant factor, which the
Committee may consider appropriate."
Considering the advanced aged of the applicant as well
considering the relationship of the applicant with the father-in-law of
the deceased as well as considering the deteriorating situation in view
of second wave of Covid19 pandemic, and without commenting on
the merits of the case, the application for grant of anticipatory bail
can be accepted. It is accordingly allowed. It is directed that if the
applicant appears before the Investigating officer on or before
27.9.2021
and furnishes his personal bond in the sum of Rs. 1,00,000
(Rs. One Lac) to the satisfaction of the investigating officer, then he
shall be released on bail. 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 other conditions of Section 438 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 case, if the applicant fails to appear before the investigating
officer on the specified date, then this order shall lose its effect.
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.44566/2021
Sumer Singh v. State of M.P.
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)
Judge
ar
ABDUR Digitally signed by ABDUR RAHMAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001, st=Madhya Pradesh,
RAHMAN
2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b51
0cc133f1b56faa63e77b, cn=ABDUR RAHMAN
Date: 2021.09.20 18:16:52 -07'00'
