Chatrapal Gurjar vs The State Of Madhya Pradesh
2021 Latest Caselaw 5910 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.47081/2021 (CHATRAPAL GURJAR VS. STATE OF M.P. & ORS.)

Gwalior, Dated : 23/09/2021

Shri Gaurav Mishra, learned counsel for the applicant.

Shri A.K.Nirankari, learned counsel for the State.

Case diary is available.

This is 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.105/2021 registered at Police Station Amola, District Shivpuri for

offence under Sections 302, 304, 323, 294, 147, 148 and 149 of IPC.

It is submitted by the counsel for the applicant that according to

the prosecution case, co-accused Raju Gurjar was driving a tractor as

a result, lose mud fell on the complainant Sukhveer. Accordingly,

Sukhveer scolded Raju Gurjar to drive the tractor properly and on this

issue co-accused Raju started abusing Sukhveer filthily and when it

was objected, then it is alleged that accused persons Ramveer and

Raju gave a Lathi blow on the finger of his right hand as well as on

his back. Rajveer also assaulted him by fists and blows, thereafter, his

cousin brother Lokendra also came on the spot and assaulted Gopal.

His uncle Uttam Singh also intervened in the matter and at that time

the applicant and co-accused Lakhan Singh, Ummed Singh, Rajveer,

Ramhet and Lokendra came on spot alongwith Lathi and started

THE HIGH COURT OF MADHYA PRADESH MCRC No.47081/2021 (CHATRAPAL GURJAR VS. STATE OF M.P. & ORS.) assaulting Uttam Singh by Lathi, fists and blows. As a result Uttam

Singh expired on spot. It is submitted by Shri Mishra that as per the

post-mortem report only one abrasion was found on the dead body of

Uttam Singh and cause of death was cardio respiratory failure and

thus, it is clear that Uttam Singh died a natural death and his death

was not on account of any injury caused to him. Further according to

the complainant, nine persons have assaulted Uttam Singh whereas

only one abrasion was found. It is not the case of the complainant that

the applicant was present on the spot right from very beginning. It is

further submitted that unless and until the prosecution proves that the

deceased died a homicidal death, no offence under Section 302 of

IPC, which has been subsequently converted into Section 304 of IPC

would be made out. The applicant is ready and willing to co-operate

with the Investigating officer. 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 State. It is submitted that it is true that only one

abrasion was found on the dead body of the deceased Uttam Singh

and it is equally true that his cause of death is cardio respiratory

failure. However, it is submitted that the applicant has a criminal

THE HIGH COURT OF MADHYA PRADESH MCRC No.47081/2021 (CHATRAPAL GURJAR VS. STATE OF M.P. & ORS.) history and two more cases i.e. one under Section 323, 294, 326, 506

and 34 of IPC was registered in the year 2016 and one offence under

Section 447/34 of IPC was registered in the year 2002.

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.47081/2021 (CHATRAPAL GURJAR VS. STATE OF M.P. & ORS.) 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 post-mortem report as well as considering the

fact the deteriorating situation in view of second wave of Covid19

pandemic, and without commenting on the merits of the case, it is

directed that if the applicant appears before the Investigating officer

on or before 30/09/2021 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.47081/2021 (CHATRAPAL GURJAR VS. STATE OF M.P. & ORS.) 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.

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: 2021.09.23
         18:20:08 -07'00'