Vishnu Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 5753 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.46482/2021
               Vishnu Sharma vs. State of M.P.

Gwalior, Dated : 21.09.2021

       Shri Pradeep Katare, Counsel for the applicant.

       Shri B.S. Gour, Panel Lawyer for the respondent/State.

Case diary is available.

This fifth application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 27.11.2020 in connection

with Crime No.346/2020 registered at Police Station Gohad, District

Bhind for offence under Sections 377, 506 of IPC and under Section

5/6 of the POCSO Act.

It is submitted by the counsel for the applicant that by order

dated 13.7.2021 passed in M.Cr.C. No.34075/2021 the applicant was

granted temporary bail for a period of seven days and the applicant in

compliance of the said order has surrendered on the 7 th day. However,

it is submitted that he is not in possession of the order sheet of

surrender. It is further submitted that the victim has been examined

and he has not supported the prosecution case. 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 respondent/State. However, after going through the

THE HIGH COURT OF MADHYA PRADESH MCRC No.46482/2021 Vishnu Sharma vs. State of M.P.

deposition of the victim, it is submitted by Shri Gour that the victim

has turned hostile. However, it is submitted by Shri Gour that either

the victim has lodged a false report or he has not narrated the truth

before the Trial Court, therefore, he and other witnesses are liable to

be prosecuted for giving false evidence.

So far as the question of giving false evidence is concerned, it

is a question which is to be decided by the Trial Court while deciding

the trial. However, it is directed that in case if any compensation has

been paid to the victim on account of lodging of FIR, then the same

shall be recovered from him and the Collector, Bhind shall submit his

report before the Principal Registrar of this Court within a period of

one month from today.

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.46482/2021 Vishnu Sharma vs. State of M.P.

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 victim has turned hostile and

without commenting on the merits of the case, 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) with 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.46482/2021 Vishnu Sharma vs. State of M.P.

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.46482/2021 Vishnu Sharma vs. State of M.P.

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.

Before releasing the applicant on bail, the Court below shall

THE HIGH COURT OF MADHYA PRADESH MCRC No.46482/2021 Vishnu Sharma vs. State of M.P.

verify as to whether the applicant had surrendered on 7 th day of his

release on temporary bail or not? If it is found that he did not

surrender on or before 7th day of his release, then this bail order shall

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
2021.09.21 17:01:34 +05'30'