Ajay Singh Narvariy vs State Of M.P

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, these applications have 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.

Heard on I.A. No.22495/2020, which is an application under Section 301(2) of Cr.P.C. for permitting the learned counsel for the complainant to assist

the Public Prosecutor.

For the reasons mentioned in the application, the application is allowed and the counsel for the complainant is permitted to assist the State counsel.

Heard the learned counsel for the parties.

Both these applications have arisen out of the same crime number of same police station, therefore, they are heard together and are being decided by

this common order.

The applicants have filed these first applications u/S 439 Cr.P.C. for grant of bail. The applicants have been arrested by Police Station University,

District Gwalior in connection with Crime No.132/2019 registered in relation to the offence punishable under Sections 420, 467, 468, 471 of IPC.

It is submitted that the applicants have been falsely implicated in the case. They have not committed any offence in any manner. Investigation is over

in the matter and charge sheet has been filed on 07.11.2020. The applicants are the first offenders. They are in custody since 16.08.2020. The

applicants are the purchaser and the sale deeds were executed by Parmal Singh in their favour. The statement of Registrar of the Registry office is

also being read over to this Court wherein he has categorically stated that the registries were got done by Parmal Singh. It is further submitted that co-

accused Ram Singh @ Raisingh has already been enlarged on bail by this Court vide order dated 08.06.2020 passed in M.Cr.C. No.12583/2020. They

claim parity with the co-accused and are ready to abide by all the terms and conditions that may be imposed by this Court and have also shown their

willingness to contribute an amount of Rs.15,000/- each towards the High Court Bar Association Fund, Gwalior for the benefit of lawyers during this

COVID-19 pandemic. On the ground of parity, they pray for grant of bail.

Per counsel, counsel for the State has opposed the bail applications. However, factum of the applicants being the first offenders is not disputed by the

counsel for the State.

Counsel for the complainant has vehemently opposed the applications. He prays for rejection of the applications.

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 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

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 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.â€​

Considering the overall facts and circumstances of the case coupled with the fact that the investigation is over and charge sheet has been filed on

7.11.2020 and the applicants are the first offenders, this Court deems it appropriate to allow this application. Accordingly, the application is allowed.

The applicants are directed to be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rs. One lac Only) each 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

they 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 they will have

to install Arogya Setu App, if not already installed.

This order will remain operative subject to compliance of the following conditions by the applicants :-

The applicants will comply with all the terms and conditions of the bond executed by them;

The applicants will cooperate in the investigation/trial, as the case may be;

The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicants shall not commit an offence similar to the offence of which they are accused;

The applicants will not seek unnecessary adjournments during the trial; and

The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicants have gracefully volunteered to donate Rs.15,000/- (Rs. Fifteen Thousand Only) each in the account of the 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. This Court has no manner of doubt

that the office bearers and the Senior members of the Barshall ensure that the donation reaches the rightful and deserving claimants.

Let the donation be deposited within seven (7) working days from the date of furnishing bail.

The applicants will inform the concerned S.H.O. of concerned Police Station about their residential address in the said area and it would be the duty

of the Public Prosecutor 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.

The applicants are also directed to mark their presence in the first week of every month before the concerned trial court or the concerned police

station and in case of violation of any of the terms and conditions the bail granted by this Court shall stand rejected automatically.

Application stands allowed and disposed of.

In view of the COVID-19, jail authorities are directed that before releasing the applicants, medical examination of applicants shall be undertaken by

the jail doctor and on prima facie, if it is found that they are having the symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise applicants shall be released immediately on bail and shall be given a pass or permit

for movement to reach their place of residence.

E- copy of this order be provided to the applicants 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.