Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nMadhya Pradesh High Court\nSantosh Jaat vs The State Of M.P. on 5 August, 2020Author: Rajeev Kumar Shrivastava\n                               01                  MCRC-25565-2020\n\n             HIGH COURT OF MADHYA PRADESH\n                         MCRC-25565-2020\n                    (Santosh Jaat vs. State of M.P.)\n\nGwalior, Dated: 5/8/2020\n      Smt. Uma Kushwah, learned counsel for the applicant.\n\n      Shri Arjun Singh Parihar, learned Panel Lawyer, for\n\nrespondent/State.\n      Matter is heard through Video Conferencing.\n\n      I.A.No.10509/2020, an application for urgent hearing, is taken\n\nup, considered and allowed for the reasons mentioned therein.\n\n      This is the first bail application u/S.439 Cr.P.C filed by the\n\napplicant for grant of bail.\n\n      Applicant has been arrested on 13/7/2020 by Police Station\n\nGirjora, Distt. Gwalior(M.P.) in connection with Crime No.62/2020\n\nregistered for offence under Sections 393, 511, 34 of IPC and Section\n\n11/13 of MPDVPK Act.\n\n      It is submitted by learned counsel for the applicant- Santosh\n\nJaat that the applicant has not committed any offence. He has falsely\n\nbeen implicated in this case. Applicant is in custody since 13/7/2020.\n\nThere is omnibus allegation against the present applicant. It is further\n\nsubmitted that there is no any evidence against the present applicant.\n\nInvestigation and trial will take its own time. Hence, prays for grant\n\nof bail to the applicant. He further undertakes to abide by all the terms\n\nand conditions of guidance, circulars and directions issued by Central\n\nGovernment, State Government as well as Local Administration\n                                02                   MCRC-25565-2020\n\nregarding measures in respect of COVID-19 Pandemic and maintain\n\nhygiene in the vicinity while keeping physical distancing.\n\n      Learned State counsel has vehemently opposed the application\n\nand has submitted that the offence committed by the present applicant\n\nis of serious nature. There are two criminal antecedents against the\n\npresent applicant. Hence, prayed to reject the bail application of the\n\napplicant.\n\n      Heard learned counsel for the parties at length through Video\n\nConferencing and considered the arguments advanced by them and\n\nperused the available case-diary.\n\n      Heard learned counsel for the parties at length through Video\n\nConferencing and considered the arguments advanced by them and\n\nperused the available case-diary.\n\n      The Supreme Court by order dated 23-3-2020 passed in the\n\ncase of IN RE : CONTAGION OF COVID 19 VIRUS IN\n\nPRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed all the\n\nStates to constitute a High Level Committee to consider the release of\n\nprisoners in order to decongest the prisons. The Supreme Court has\n\nobserved as under :\n\n             "The issue of overcrowding of prisons is a matter\n             of serious concern particularly in the present\n             context of the pandemic of Corona Virus (COVID\n             - 19).\n             Having regard to the provisions of Article 21 of\n             the Constitution of India, it has become\n             imperative to ensure that the spread of the Corona\n             Virus within the prisons is controlled.\n             We direct that each State/Union Territory shall\n             constitute a High Powered Committee comprising\n                               03                    MCRC-25565-2020\n\n          of (i) Chairman of the State Legal Services\n          Committee, (ii) the Principal Secretary\n          (Home/Prison) by whatever designation is known\n          as, (ii) Director General of Prison(s), to determine\n          which class of prisoners can be released on parole\n          or an interim bail for such period as may be\n          thought appropriate. For instance, the State/Union\n          Territory could consider the release of prisoners\n          who have been convicted or are under trial for\n          offences for which prescribed punishment is up to\n          7 years or less, with or without fine and the\n          prisoner has been convicted for a lesser number\n          of years than the maximum.\n          It is made clear that we leave it open for the High\n          Powered Committee to determine the category of\n          prisoners who should be released as aforesaid,\n          depending upon the nature of offence, the number\n          of years to which he or she has been sentenced or\n          the severity of the offence with which he/she is\n          charged with and is facing trial or any other\n          relevant factor, which the Committee may\n          consider appropriate."\n      In view of the aforesaid and considering the facts and\n\ncircumstances of the present case, without commenting upon the\n\nmerits of the case, the application is allowed and it is hereby directed\n\nthat the applicant shall be released on bail on his/her furnishing\n\npersonal bond of Rs.75,000/-(Rupees Seventy Five Thousand) with\n\none solvent surety of the like amount to the satisfaction of the Court\n\nconcerned for his regular appearance before the Court concerned on\n\nthe dates fixed by the Court concerned.\n\n      In view of COVID-19 pandemic, the Jail Authorities are\n\ndirected that before releasing the applicant, his/her Corona Virus test\n\nshall be conducted and if it is found negative, then the concerned\n\nlocal Administration shall make necessary arrangements for sending\n\nthe applicant to his/her house, and if his/her test is found positive then\n                              04                   MCRC-25565-2020\n\nthe applicant shall be immediately sent to concerning hospital for\n\nhis/her treatment as per medical norms. If the applicant is fit for\n\nrelease and if he/she is in a position to make his/her personal\n\narrangements, then he/she shall be released only after taking due\n\ntravel permission from local administration. After release, the\n\napplicant is further directed to strictly follow all the instructions\n\nwhich may be issued by the Central Government/State Government\n\nor Local Administration for combating the COVID-19. If it is found\n\nthat the applicant has violated any of the instructions (whether general\n\nor specific) issued by the Central Government/State Government or\n\nLocal Administration, then this order shall automatically lose its\n\neffect, and the Local Administration/Police Authorities shall\n\nimmediately take him/her in custody and would send him/her to the\n\nsame jail from where he/she was released.\n\n      This order will remain operative subject to compliance of the\n\nfollowing conditions by the applicant/s :-\n\n          1.   The applicant/s will comply with all the\n          terms and conditions of the bond executed by\n          him/her;\n\n          2.     The applicant/s will cooperate         in   the\n          investigation/trial, as the case may be;\n\n          3.    The      applicant/s    will      not   indulge\n          himself/herself/themselves          in      extending\n          inducement, threat or promise to any person\n          acquainted with the facts of the case so as to\n          dissuade them from disclosing such facts to the\n          Court or to the Police Officer, as the case may be;\n\n          4.    The applicant/s shall not commit an offence\n          similar to the offence of which he/she is accused;\n                               05                   MCRC-25565-2020\n\n\n            5.   The applicant/s will not move in the vicinity\n            of complainant party and applicant/s will not seek\n            unnecessary adjournments during the trial;\n\n            6.    The applicant/s will not leave India without\n            previous permission of the trial Court/Investigating\n            Officer, as the case may be; and\n\n            7.    The applicant/s will inform the SHO of\n            concerned Police Station about his/her/their\n            residential address in the said area and it would be\n            the duty of the State Counsel to send E-copy of this\n            order to SHO of concerned Police Station for\n            information.\n\n     Application stands allowed and disposed of.\n     E- copy of this order be sent to the trial Court concerned for\n\ncompliance.\n\n     Certified copy/ e-copy as per rules/directions.\n\n\n                                   (Rajeev Kumar Shrivastava)\n       Pawan Kumar                         Judge\npwn*   2020.08.05\n       17:52:25\n       +05'30'