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2020 DIGILAW 1132 (MP)

Shailendra Singh Sisodiya v. State Of M. P.

2020-10-15

VISHAL MISHRA

body2020
JUDGMENT Vishal Mishra, J. - Heard the learned counsel for the parties. 2. The applicant has filed this first application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Civil Line, Vidisha, District Vidisha in connection with Crime No.214/2017 registered in relation to the offence punishable under Sections 420, 467, 468, 471 of IPC. 3. It is submitted by counsel for the applicant that the offence is said to have taken place in the year 2017 for which the arrest of the present applicant is shown on 29.9.2020. It is argued that the similar case was registered against the present applicant at Crime No.58/2020 at Police Station Civil Lines, Harda, District Harda for the offences punishable under sections 420, 406, 419, 468 and 471 of IPC, wherein he was taken into custody on 2.3.2020. Thereafter he was enlarged on bail vide order dated 31.8.2020 in M.Cr.C.No.16988/2020 by the Principal Seat, Jabalpur. It is submitted that despite bail being granted to the applicant in the aforesaid case he was not released and was kept in custody. It is argued that as the matter is of the year 2017 the prosecution should have shown the formal arrest of the present applicant in the present case also, once he was arrested on 2nd March, 2020 in Crime No.58/2020, but the prosecution has not done the same. It is submitted that the applicant has preferred an application for release on the ground that despite of completion of 90 days the charge-sheet has not been filed in the matter. Thereafter the arrest of the present applicant is being shown on 29th September, 2020. It is argued that there is no evidence available on record except the oral statement made by the complainant against the present applicant. Applicant is an A.D.P.O. who was lastly posted at Harda. He is ready to abide by all the terms and conditions as may be imposed by this Court. It is submitted by counsel for the applicant that looking to the present scenario of COVID-19 pandemic, he prays for grant of bail. The applicant has shown his willingness to cooperate in the pandemic situation of COVID-19 and is ready to contribute Rs.10,000/- in the account of High Court Bar Association, Gwalior for benefit of the lawyers during this COVID-19 scenario. 4. The applicant has shown his willingness to cooperate in the pandemic situation of COVID-19 and is ready to contribute Rs.10,000/- in the account of High Court Bar Association, Gwalior for benefit of the lawyers during this COVID-19 scenario. 4. Per contra, counsel for the State has opposed the bail application stating that the investigation is pending in the matter. A specific query was made to the counsel for the State that once the applicant was taken into custody on 2nd March, 2020 then why formal arrest in the present case was not shown by the prosecution agency. There is no reply by the State Counsel to the aforesaid and the circumstances cannot be explained by him, but he has prayed for the dismissal of the application on the ground that investigation is still pending in the matter. The applicant being the A.D.P.O. being not disputed by the counsel for the State. 5. The Hon'ble Supreme Court by order dated 23.03.2020 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. 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." 6. Taking into consideration the overall facts and circumstances of the case coupled with the present scenario of COVID-19 and the fact that in a similar offence he has already been enlarged on bail by the Principal Bench Jabalpur, this Court deems it appropriate to allow this application. The application is allowed. 7. The applicant is directed to be released on bail on his furnishing personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written undertaking and the applicant will 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. 8. 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 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.10,000/- 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 is directed to cooperate in the investigation as required by the prosecution agency. 9. 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 State counsel to send E-copy of this order to SHO of concerned police station as well as concerned Superintendent of Police who shall inform the concerned SHO regarding the same. 9. Application stands allowed and disposed of. 10. 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 applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence. 11. E-copy/Certified copy as per rules/directions.