Kamlan Alias Kalyan Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 6091 MP

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        THE HIGH COURT OF MADHYA PRADESH
                 MCRC No.47851/2021
      (KAMLAN @ KALYAN JATAV VS. STATE OF M.P.)

Gwalior, Dated : 27/09/2021

      Shri R.S.Bansal, learned counsel for the applicant.

      Shri Rajeev Upadhyay, 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.133/2021 registered at Police Station Gijorra, District Gwalior for

offence under Sections 452, 323, 294, 506-B and 34 of IPC.

      It is the case of the complainant that after locking the house, he

shifted to Jamnagar for doing labour work. The co-accused Sashikant

was requested to look after the property. The shop of the complainant

was lying vacant. On the festival of Raksha Bandhan, when he came

back, then found that co-accused Chhotu who is the relative of co-

accused Shashikant is doing the business of Chicken and eggs. Since,

the business of Chhotu was not to the liking of the complainant,

therefore, he requested him to vacate the premises. On this issue, co-

accused Chhotu and Sashikant assaulted him. At that time, the

applicant and Sohan Singh also came on the spot and entered inside

his house and he was again assaulted.

      It is submitted by the counsel for the applicant that so far as the
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        THE HIGH COURT OF MADHYA PRADESH
                 MCRC No.47851/2021
      (KAMLAN @ KALYAN JATAV VS. STATE OF M.P.)
allegation of house trespass is concerned, the said allegation has been

leveled falsely in order to make the offence non-bailable and all the

other offences are bailable. 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. However, it is fairly conceded that except the

offence under Section 452 of Cr.P.C., all the other offences are

bailable.

      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
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        THE HIGH COURT OF MADHYA PRADESH
                 MCRC No.47851/2021
      (KAMLAN @ KALYAN JATAV VS. STATE OF M.P.)
         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 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

04/10/2021

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.47851/2021 (KAMLAN @ KALYAN JATAV VS. STATE OF M.P.) 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.

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: 2021.09.27
         16:16:20 -07'00'