Parvej Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 6065 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 46328/2021 Parvej Khan vs. State of M.P.

Gwalior, Dated : 27/09/2021

Shri Vibhor Kumar Sahu, counsel for the applicant through

video conferencing.

Shri Rajeev Upadhyay, counsel for the State.

Case diary is available.

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

filed for grant of bail.

The applicant has been arrested on 13.03.2021 in connection

with Crime No.1059/2020 registered at Police Station Kotwali Distt.

Guna for offence under Section(s) 420 of I.P.C and Section 66 (c), 66

(d) of Information Technology Act, 2000.

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

to the prosecution case, the complainant was pushed by some

unknown person and his ATM card was changed and later on

purchases worth Rs. 30,000/- were made from his ATM card. The

applicant is a resident of Uthawad, district Palwal (Haryana) and he

has been formally arrested as he was already in detention in another

case. The ATM card of complainant is alleged to have been seized

from the possession of applicant. Certain CCTV footage have also

been recovered alleging that applicant is visible in those footage. It is

submitted by counsel for applicant that applicant is in jail for the last

more than six months. The Trial is likely to take sufficiently long time

and there is no possibility of his absconding or tempering with

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 46328/2021 Parvej Khan vs. State of M.P.

prosecution witnesses. In view of the criminal antecedents of the

applicant, he is ready and willing to abide by any stringent condition

which may be imposed by the Court including that of cash surety of

rupees one lac.

Per contra, the application is vehemently opposed by the

Counsel for the State. It is submitted that not only the ATM card of

complainant was changed but purchases worth Rs.30,000/- were also

made. It is further submitted that applicant is resident of Haryana and

in case if he is released on bail, then there is every possibility that he

may jump bail.

Considered the submissions made by the Counsel for the

parties.

According to the applicant he is in jail from 13.03.2021.

Counsel for applicant has made concessional statement that in view of

the criminal antecedents of the applicant, applicant is ready and

willing to abide by stringent condition of furnishing cash surety of

rupees one lac.

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 HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 46328/2021 Parvej Khan vs. State of M.P.

"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 which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate."

Considering the period of detention as well as the concessional

statement of counsel for applicant and 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. 1,00,000 (Rs. One Lac) or in the alternative on

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 46328/2021 Parvej Khan vs. State of M.P.

depositing original title-deed(s) [not Rin Pustika] of the immovable

property worth of more than the said amount, as directed by the

Supreme Court in the case of Sharo @ Shahrukh vs. The State of

M.P. by order dated 6.9.2021 passed in SLP (Cri.) No.6321/2021 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

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

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 46328/2021 Parvej Khan vs. State of M.P.

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 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

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 46328/2021 Parvej Khan vs. State of M.P.

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) Judge Aman AMAN TIWARI 2021.09.27 16:52:19 +05'30'