Rampreet Gurjar vs The State Of Madhya Pradesh
2021 Latest Caselaw 6231 MP

   1      THE HIGH COURT OF MADHYA PRADESH
                   M.Cr.C. No.48493/2021
               Rampreet Gurjar Vs. State of M.P.

Gwalior, Dated:30/09/2021

       Shri D.R. Sharma, Counsel for the applicant through video

conferencing.

       Shri N.K. Gupta, Counsel for the State.

       Case diary is available.

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

filed for grant of bail. The first application was dismissed as

withdrawn by order dated 7/9/2021 passed in M.Cr.C. No.39848/2021.

       The applicant has been arrested on 29/6/2021 in connection

with Crime No.389/2021 registered at Police Station Maharajpura,

Distt. Gwalior for offence under Sections 302 of IPC.

       It is submitted by the counsel for the applicant that the first bail

application was withdrawn with liberty to revive the prayer after the

charge-sheet is filed and the police after completing investigation, has

filed the charge-sheet.

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

the prosecution case, the dead body of the deceased was found in the

field on 26/6/2021. Thereafter, sniffer dog was called, who took the

police force to the main road by passing through the bushes. It is

alleged that on 29/6/2021 at the instance of the appellant one pillow,

Safi and 12 pearls of white colour are alleged to have been seized from

the bushes situated near the place where the dead body was lying. It is
    2     THE HIGH COURT OF MADHYA PRADESH
                  M.Cr.C. No.48493/2021
              Rampreet Gurjar Vs. State of M.P.

submitted by the counsel for the applicant that the police after

concluding the investigation, has filed the charge-sheet and the so

called recovery of pillow, white pearls and one Safi on 29/6/2021 at

the instance of the applicant is false and fabricated. By referring to the

Crime Details Form, which was prepared on 27/6/2021 at 12:30 PM, it

is submitted that in the spot map it was mentioned that the pillow, Safi

and pearls of the deceased have been recovered at the instance of the

applicant, whereas the applicant was arrested on 29/6/2021. It is

further submitted that it is clear from the report of the dog handler that

on 26/6/2021 the sniffer dog had gone upto the main road by passing

through the bushes and if the pillow, Safi and pearls were lying in the

bushes, then they should have been noticed by the police. The

applicant is in jail from 29/6/2021 and 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, the counsel for the State could not

point out as to how in the Crime Details Form, which was prepared on

27/6/2021

, it is mentioned that the pillow, Safi and pearls were

recovered at the instance of the applicant, specifically when the

applicant was arrested on 29/6/2021 and the seizure memo also

indicates that the pillow, Safi and pearls were seized on 29/6/2021.

     3      THE HIGH COURT OF MADHYA PRADESH
                    M.Cr.C. No.48493/2021
                Rampreet Gurjar Vs. State of M.P.

Further, when the sniffer dog had already passed through the bushes

on 26/6/2021, then why the aforesaid articles remained unnoticed by

the police.

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 punishment is up to 7 years or less, with or without fine and the prisoner has been convicted 4 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.48493/2021 Rampreet Gurjar Vs. State of M.P.

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 totality of facts and circumstances of the case,

this Court is of the considered opinion that it is a fit case for grant of

bail. Accordingly, considering the allegations, as well as 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 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 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 5 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.48493/2021 Rampreet Gurjar Vs. State of M.P.

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

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.

         6     THE HIGH COURT OF MADHYA PRADESH
                       M.Cr.C. No.48493/2021
                   Rampreet Gurjar Vs. State of M.P.

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.

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 Arun* ARUN KUMAR MISHRA 2021.10.01 16:22:58 +05'30'