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2020 DIGILAW 951 (MP)

Resho Bai v. State Of M. P.

2020-09-25

VISHAL MISHRA

body2020
JUDGMENT Vishal Mishra, J. - 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 22.08.2020 by Police Station Ambah District Morena (M.P.) in connection with Crime No.478/2005 registered in relation to the offence punishable u/Ss. 498-A, 323, 326, 307 and 34 of IPC and Section 3/4 of Dowry Prohibition Act. 4. It is submitted by the counsel for the applicant that as per the allegation of the prosecution, the incident is said to have taken place in the year 2005. All the other co-accused have already been acquitted by the trial Court on 26.09.2006 parting it to be a case of no evidence. The judgment of acquittal is filed alongwith application i.e. S.T.No.110/2006 judgment dated 26.09.2006. It is submitted that the statement of the complainant was also got recorded wherein she has totally denied the incident. She was examined as PW/3 in the incident in the trial. It is submitted that the early negative aspect of the present applicant who is the mother-in-law is that she has remained absconded since from the year 2005 i.e. almost for a period 15 years and now she has been arrested and she is in custody since 22.08.2020 and there is no allegation of inflicting any injury by the present applicant. The other co-accused have already been acquittal by the trial Court. It is argued that looking to the age of the present applicant coupled with the present Covid-19 scenario, it would not be feasible to remain her in custody. Counsel for the applicant has argued that heavy condition may be imposed. 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. Counsel for the applicant has argued that heavy condition may be imposed. 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.25000/- 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. 5. Per contra, learned Panel Lawyer for the State has opposed the bail application on the ground that the applicant has remained absconded for almost 15 years. Now, the applicant has been arrested and she is in custody since 22.08.2020. Owing to her conduct, unnecessary trial is to be conducted before the trial Court again, but he fairly submits that the other co-accused have already been acquitted by the trial Court. 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). 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." 7. Considering the overall facts and circumstances of the case and also the fact that the other co-accused with respect to Crime No. 478/2005 have already been acquitted by the trial Court vide judgment dated 26.09.2006 and looking to the age of the present applicant coupled with the Covid-19 pandemic scenario, this Court deems it appropriate to allow the bail application. 8. Accordingly, the application is allowed. The applicant is directed to be released on bail on furnishing her personal bonds 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 she will have to install Arogya Setu App, if not already installed. 9. 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 her; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her 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 she 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.25000/- 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 shall mark her presence before the concerned Police Station, District Morena in the first week of every month till conclusion of investigation pending if any and if charge sheet is being filed, she will mark her presence as per the directions issued by the concerning trial Court, failing which this bail shall stand rejected without reference to the Court. 9. The applicant will inform the concerned S.H.O. of concerned Police Station about her 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 the concerned Superintendent of Police who shall inform the concerned SHO regarding the same. 10. Application stands allowed. 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 she 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 her 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. 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.