Ahiwaran Singh Baghel vs State Of MP

G.S. Ahluwalia, J

This third application under Section 439 of Cr.P.C. has been filed for grant of bail. Second application was dismissed on merits by order dated

08.02.2021 passed in M.Cr.C. No.5523/2021.

The applicant has been arrested on 28.11.2020 in connection with Crime No.125/2020 registered at Police Station Pavai Distt. Bhind for offence

under Section 304-B of IPC and Section 3/4 of Dowry Prohibition Act.

It is submitted by the Counsel for the applicant, that the applicant is an old person aged about 60 years and in the wake of Covid-19 Pandemic as well

as in the light of various directions given by the Supreme Court, Division Bench of this Court as well as the guidelines issued by the High Power

Committee, the applicant may be granted temporary bail and at present he does not wish to press the application on merits. It is further submitted that

the applicant would follow all Covid-19 protocols as decided by the Central Government or the State Government or Local Administration. Per contra,

the prayer for grant of temporary bail is vehemently opposed.

Considered the submissions made by the Counsel for the parties through video conferencing.

The Supreme Court by order dated 23-3-2020 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 Powered 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

â€" 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 undertrial 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.â€​

Considering the facts and circumstances of the case as well as considering the fact that in view of second wave of Covid19 pandemic, it is also

necessary to decongest the jail, and without commenting on the merits of the case, it is directed that on furnishing the personal bond in the sum of

Rs.1,00,000 (Rs. One Lac) with one surety in the like amount, to the satisfaction of the Trial Court or C.J.M. or Remand Magistrate (Whosoever is

available), the applicant be released on temporary bail for a period of 2 months from the date of his release. The applicant shall also furnish an

undertaking that he shall surrender immediately after the period of temporary bail is over, unless and until the period of temporary bail is extended by

this Court. He shall also furnish an undertaking before the Court, that he shall abide by all the instructions which may be issued by the Central

Govt./State Govt. or Local Administration for combating Covid19 from time to time.

The Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS by order dated 7-4-2020 has directed as under :

In these circumstances, we consider it appropriate to direct that Union of India shall ensure that all the prisoners having been released by the

States/Union Territories are not left stranded and they are provided transportation to reach their homes or given the option to stay in temporary shelter

homes for the period of lockdown.

For this purpose, the Union of India may issue appropriate directions under the Disaster Management Act, 2005 or any other law for the time being in

force. We further direct that the States/Union Territories shall ensure through Directors General of Police to provide safe transit to the prisoners who

have been released so that they may reach their homes. They shall also be given an option for staying in temporary shelter homes during the period of

lockdown.

Accordingly, it is directed that before releasing the applicant, the jail authorities shall get the applicant examined by a competent

Doctor and if the Doctor is of the opinion that his Corona Virus test is necessary, then the same shall be conducted. If the applicant is

not found suspected of Covid19 infection or if his test report is negative, then the concerned local administration shall make necessary

arrangements for sending the applicant to his house as per the directions issued by the Supreme Court in the case of IN RE :

CONTAGION OF COVID 19 VIRUS IN PRISONS (Supra) , and if he is found positive then the applicant shall be immediately sent to

concerning hospital for his treatment as per medical norms. The applicant is further directed to strictly follow all the instructions which

may be issued by the Central Govt./State Govt. or Local Administration for combating Covid19. If it is found that the applicant has

violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this

order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and

would send him to the same jail from where he was released. The applicant is further directed to supply a copy of this bail order to the

police station having jurisdiction over his place of residence.

The other conditions of Section 437,439 Cr.P.C. shall remain the same.

With aforesaid observations, this application is finally disposed of.