Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 571 (MP)

Rinku Adiwasi v. State Of M. P.

2020-05-14

VISHAL MISHRA

body2020
JUDGMENT 1. 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 counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit. 2. Heard the learned counsel for the parties. 3. The applicant has filed this first application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested on 22.04.2020 by Police Station Thatipur, District Gwalior (M.P.) in connection with Crime No.214/2020 registered in relation to the offence punishable u/S.49-A of the Excise Act. 4. It is submitted by the counsel for the applicant and in other cases registered against the present applicant he has already been acquitted. The applicant is in custody since 22.04.2020. In the present case the present applicant is shown to be in possession of 5 litres country made liquor. The applicant undertakes to abide by any condition, which may be imposed by this Court and there is no possibility of his absconding or tampering with the prosecution case. He further submits that looking to the pandemic situation of COVID-19, counsel for the applicant prays for grant of bail. 5. Per contra, learned Panel Lawyer for the State has opposed the application stating that the applicant is in custody since 22.04.2020 and he is having a criminal history of two other cases. No order with respect to acquittal of the present applicant from other cases has been filed by the applicant. It is further submitted that the investigation is still pending in the matter. Learned Panel Lawyer prays for rejection of the application. 6. The Hon'ble Supreme 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). 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." 7. Considering the overall facts and circumstances of the case and also looking to the present COVID-19 scenario and relying upon the statement given by the counsel for the applicant that the applicant has been acquitted in all other cases, this Court deems it appropriate to allow this application. The application is allowed subject to verification of the fact that the applicant has been acquitted in all other criminal cases as stated by the State counsel . The applicant is directed to be released on bail on furnishing a personal bond in the sum of Rs.50,000/-(Rs. The application is allowed subject to verification of the fact that the applicant has been acquitted in all other criminal cases as stated by the State counsel . 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) 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 involve any other offence, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled. 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 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 Panel Lawyer to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police, District Gwalior who shall inform the concerned SHO regarding the same. 8. The applicant is directed to furnish surety of Rs.50,000/- to the satisfaction of concerning CJM/Trial Court within a period of 15 days from the date of regular functioning of the courts. 9. Application stands allowed and disposed of. 10. 8. The applicant is directed to furnish surety of Rs.50,000/- to the satisfaction of concerning CJM/Trial Court within a period of 15 days from the date of regular functioning of the courts. 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. 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.