Nandi Alias Narendra Singh vs The State Of M.P.
2021 Latest Caselaw 6239 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.48550/2021 Nandi alias Narendra Singh vs. State of M.P.

Gwalior, Dated : 30-09-2021

Ms. Harshita Mishra, learned counsel for the applicant.

Shri Rajeev Upadhyay, learned counsel for the State.

Case diary is available.

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

filed for grant of bail. The third application was dismissed by order

dated 07.07.2021 passed in M.Cr.C. No.29755/2021.

The applicant has been arrested on 09.06.2020 in connection

with Crime No.160/2020 registered at Police Station Gohad Distt.

Bhind for offence under Sections 302, 307, 323, 294, 147, 148, 149

of IPC.

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

to the prosecution case, the applicant and other co-accused persons

came to the field of complainant and instructed the complainant to

stop ploughing his field. When it was objected by deceased

Devendra Singh by replying that he has purchased the same, and

therefore, he would continue the same, it is alleged that all the

accused persons including the applicant started abusing and also

assaulted him by lathi and kicks & fists blows. Thereafter, co-

accused Ashok Gurjar fired a gunshot causing death of Devendra

Singh and while fleeing away from the place of incident, it is alleged

that co-accused Kallu Gurjar ran over the tractor on the body of

injured Ram Dulari. The specific allegations against the applicant are

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.48550/2021 Nandi alias Narendra Singh vs. State of M.P.

that he had given lathi blow on the head of complainant. The third

bail application of applicant was rejected by order dated 07.07.2021

passed in M.Cr.C. No.29755/2021 after taking note of the fact that

some of the co-accused persons are still absconding. Since the

applicant is in jail, therefore, he has no control over the persons who

are still absconding and it appears that the Police itself is not

arresting the absconding co-accused persons.

In reply, it is submitted by counsel for the State that it is true

that the only allegation against the applicant is that apart from

abusing and assaulting the victims by kicks and fists blows, the

applicant had given a lathi blow on the head of complainant but it is

submitted that since he was sharing common object with other co-

accused persons, therefore, he is also vicariously liable for the acts of

other. On the question of abscondance of some other co-accused

persons, it is submitted that proceedings under Sections 82 & 83 of

Cr.P.C were initiated in the month of October 2020 but he is not in a

position to inform this Court as to what steps were taken by the

Police to apprehend the remaining absconding accused. It is further

submitted by Shri Upadhyay that he would inform the

Superintendent of Police, Bhind to take effective measures for

apprehending the other co-accused persons because warrants of

arrest must have been issued by the trial Court after the charges were

framed against them.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.48550/2021 Nandi alias Narendra Singh vs. State of M.P.

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 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

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.48550/2021 Nandi alias Narendra Singh vs. State of M.P.

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 the facts and circumstances of the

case coupled with the period of detention in the light of the

allegations against the 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 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 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.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.48550/2021 Nandi alias Narendra Singh vs. State of M.P.

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. 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,

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.48550/2021 Nandi alias Narendra Singh vs. State of M.P.

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 Aman

AMAN TIWARI 2021.09.30 17:02:11 +05'30'