Madhya Pradesh High CourtDinesh vs State Of Mp on 7 July, 2020Author:Gurpal Singh AhluwaliaBench:Gurpal Singh AhluwaliaTHE HIGH COURT OF MADHYA PRADESH\n                     MCRC-21128-2020\n                    Dinesh vs. State of MP\n\nGwalior, Dated : 07/07/2020\n\n      Shri S.K. Tiwari, Counsel for the applicant.\n\n      Shri Vijay Sundaram, Counsel for the State.\n\n      Heard finally through Video Conferencing\n\n      Case diary is not available. Accordingly, the bail application is\n\nbeing decided on the basis of the averments made in the application\n\nas well as facts mentioned in the impugned order.This fifth application underSection 439of Cr.P.C. has been\n\nfiled for grant of bail. All the earlier applications were dismissed as\n\nwithdrawn.The applicant has been arrested on 13.02.2017 in connection\n\nwith Crime No.32/2017 registered at Police Station Bahadurpur\n\nDistrict Ashoknagar for offence underSections 302,323,294,506/34of IPC.It is submitted by the Counsel for the applicant, that according\n\nto the prosecution case, the applicant has given a solitary lathi blow\n\non the head of the deceased. A dispute arose on the trivial issue of\n\ndigging a pit. The applicant is in jail from 13.02.2017 and the Trial is\n\nlikely to take sufficiently long time. Although his fourth application\n\nwas rejected on 14.02.2020 but in the wake of Covid-19 Pandemic,\n\nnormal functioning of the Court has been suspended.Per contra, the application is opposed by the Counsel for the\n           THE HIGH COURT OF MADHYA PRADESH\n                     MCRC-21128-2020\n                    Dinesh vs. State of MP\n\nState.Considered the submissions made by the Counsel for the\n\nparties through video conferencing.The Supreme Court by order dated 23-3-2020 passed in the\ncase of IN RE : CONTAGION OF COVID 19 VIRUS IN\nPRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed all the\nStates to constitute a High Powered Committee to consider the\nrelease of prisoners in order to decongest the prisons. The Supreme\nCourt has observed as under :"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\n            (COVID - 19).Having regard to the provisions ofArticle 21of\n            the Constitution of India, it has become\n            imperative to ensure that the spread of the\n            Corona Virus within the prisons is controlled.\n            We direct that each State/Union Territory shall\n            constitute a High Powered Committee\n            comprising of (i) Chairman of the State Legal\n            Services Committee, (ii) the Principal Secretary\n            (Home/Prison) by whatever designation is known\n            as, (ii) Director General of Prison(s), to\n            determine which class of prisoners can be\n            released on parole or an interim bail for such\n            period as may be thought appropriate. For\n            instance, the State/Union Territory could\n            consider the release of prisoners who have been\n            convicted or are undertrial for offences for which\n            prescribed punishment is up to 7 years or less,\n            with or without fine and the prisoner has been\n            convicted for a lesser number of years than the\n            maximum.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\n            THE HIGH COURT OF MADHYA PRADESH\n                      MCRC-21128-2020\n                     Dinesh vs. State of MP\n\n             number of years to which he or she has been\n             sentenced or the severity of the offence with\n             which he/she is charged with and is facing trial\n             or any other relevant factor, which the\n             Committee may consider appropriate."Considering the fact that in view of Covid19 pandemic, it is\n\nalso necessary to decongest the jail as well as considering the period\n\nof detention, coupled with the fact that a solitary blow was given on\n\nthe head of the deceased but without commenting on the merits of the\n\ncase, the application is allowed. It is directed that the applicant be\n\nreleased on bail, on furnishing the personal bond in the sum of Rs.\n\n1,00,000/- (Rs. One Lac) to the satisfaction of the Trial Court or\n\nC.J.M. or Remand Magistrate (Whosoever is available).              The\n\napplicant shall also furnish an undertaking that he will abide by all\n\nthe instructions which may be issued by the Central Govt./State Govt.\n\nor Local Administration (General or Specific) from time to time for\n\ncombating Covid19. It is further directed that, the applicant shall\n\nalso furnish one surety in the like amount to the satisfaction of Trial\n\nCourt within a period of one month after the lockdown is completely\n\nlifted.The Supreme Court in the case of IN RE : CONTAGION OF\nCOVID 19 VIRUS IN PRISONS by order dated 7-4-2020 has\ndirected as under :In these circumstances, we consider it\n             appropriate to direct that Union of India shall\n             ensure that all the prisoners having been released\n         THE HIGH COURT OF MADHYA PRADESH\n                   MCRC-21128-2020\n                  Dinesh vs. State of MP\n\n             by the States/Union Territories are not left\n             stranded and they are provided transportation to\n             reach their homes or given the option to stay in\n             temporary shelter homes for the period of\n             lockdown.For this purpose, the Union of India may issue\n             appropriate directions under theDisaster\n             Management Act, 2005or any other law for the\n             time being in force. We further direct that the\n             States/Union Territories shall ensure through\n             Directors General of Police to provide safe\n             transit to the prisoners who have been released so\n             that they may reach their homes. They shall also\n             be given an option for staying in temporary\n             shelter homes during the period of lockdown.\n      Accordingly, it is directed that before releasing the\napplicant, the jail authorities shall get the applicant examined by\na competent Doctor and if the Doctor is of the opinion that his\nCorona Virus test is necessary, then the same shall be conducted.\nIf the applicant is not found suspected of Covid19 infection or if\nhis   test     report   is   negative,   then   the   concerned   local\nadministration shall make necessary arrangements for sending\nthe applicant to his house as per the directions issued by the\nSupreme Court in the case of IN RE : CONTAGION OF COVID\n19 VIRUS IN PRISONS (Supra) , and if he is found positive then\nthe applicant shall be immediately sent to concerning hospital for\nhis treatment as per medical norms. The applicant is further\ndirected to strictly follow all the instructions which may be issued\nby the Central Govt./State Govt. or Local Administration for\ncombating Covid19. If it is found that the applicant has violated\nany of the instructions (whether general or specific) issued by the\nCentral Govt./State Govt. or Local Administration, then this\norder shall automatically lose its effect, and the Local\nAdministration/Police Authorities shall immediately take him in\n                 THE HIGH COURT OF MADHYA PRADESH\n                           MCRC-21128-2020\n                          Dinesh vs. State of MP\n\n       custody and would send him to the same jail from where he was\n       released. The applicant is further directed to supply a copy of\n       this bail order to the police station having jurisdiction over his\n       place of residence.The other conditions ofSection 437,439Cr.P.C. shall remain\n       the same.This order shall remain in force, till the conclusion of Trial. In\n       case of bail jump, or violation of any of the condition(s) mentioned\n       above, this order shall automatically lose its effect.With aforesaid observations, this application is Allowed.(G.S. Ahluwalia)\n                                                            Judge\n\nAbhi\n          ABHISHEK\n          CHATURVEDI\n          2020.07.08\n          12:04:07\n          +05'30'