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Madhya Pradesh High Court · body

2020 DIGILAW 1017 (MP)

Kamal Singh v. State Of M. P.

2020-10-06

VISHAL MISHRA

body2020
JUDGMENT Vishal Mishra, J. - Learned counsel for the rival parties are heard. 2. This is second bail application u/S.439 Cr.P.C. filed by the applicant for grant of bail. 3. In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit. 4. Applicant has been arrested on 13.08.2020 by Police Station City Kotwali, Basoda District Vidisha (M.P.) in connection with Crime No.316/2020 registered in relation to the offence punishable u/Ss.304- B and 34 of IPC. 5. It is submitted by learned counsel for the applicant that earlier bail application was dismissed as withdrawn vide order dated 11.09.2020 in M.Cr.C No. 33316/2020 with liberty to repeat the same after filing of charge-sheet. Now, charge-sheet has been filed in the matter on 21.09.2020, therefore, no further custodial interrogation may be necessary. It is submitted that the applicant is father-in-law aged about 50 years and there is no specific allegation against the present applicant. As per the prosecution story, the wife was returning from her parental house along with her husband and at Betwa Nagar, she has committed suicide by jumping into the Betwa river and body of the deceased was found after three days. The present applicant was not present on the spot. The allegations against the present applicant are that he is used to demand of dowry and is used to abused the deceased and there is no other specific allegation against the present applicant. It is argued that the applicant is having no criminal history. The applicant is ready to abide by all the terms and conditions that may be imposed by this court while considering the application for grant of bail. The applicant has further shown his willingness to contribute an amount of Rs.5000/- in the account of High Court Bar Association, Gwalior for benefit of the lawyers during this COVID-19 scenario. There is no possibility of his absconding or tampering with the prosecution case. Learned counsel for the applicant prays for bail to the applicant during this Covid-19 pandemic scenario. 6. There is no possibility of his absconding or tampering with the prosecution case. Learned counsel for the applicant prays for bail to the applicant during this Covid-19 pandemic scenario. 6. Learned Panel Lawyer for the State opposed the application and prayed for dismissal of the application. 7. 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 Level 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 under trial 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." 8. Considering the overall facts and circumstances of the case and also the fact that the applicant is a first offender and coupled with the fact that charge-sheet has been filed in the matter and considering the Covid-19 pandemic scenario, this Court deems it appropriate to allow the bail application. 9. Considering the overall facts and circumstances of the case and also the fact that the applicant is a first offender and coupled with the fact that charge-sheet has been filed in the matter and considering the Covid-19 pandemic scenario, this Court deems it appropriate to allow the bail application. 9. Accordingly, the application is allowed subject to verification of the fact that the applicant is having no criminal history. The applicant is directed to be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of like amount to the satisfaction of the Investigation Officer /trial Court, as the case may be with submission of written undertaking and he shall abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App , if not already installed. 10. This order will remain operative subject to compliance of the following conditions by the applicant :- 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not commit an offence similar to the offence of which he is accused. 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. The applicant shall deposit Rs.5,000/- in the account of High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to ongoing COVID-19 pandemic, within seven days from today. 8. 7. The applicant shall deposit Rs.5,000/- in the account of High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to ongoing COVID-19 pandemic, within seven days from today. 8. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police, concerned who shall inform the concerned SHO regarding the same. 11. In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicants shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence. 12. E- copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.