Ashish @ Lala vs State Of M.P

G.S. Ahluwalia, J

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 19/11/2020 in connection with Crime No.811/2020 registered at Police Station Ambah, District Morena for offence

under Section 34(2) of the M.P. Excise Act.

It is submitted by the counsel for the applicant that 121 bulk liters of country made liquor has been seized from the possession of the applicant. The

Police after concluding the investigation has filed the charge-sheet and in view of the criminal antecedents of the applicant, he is ready and willing to

abide by any condition which may be imposed by this Court and the trial is likely to take sufficiently long time and there is no possibility of his

absconding or tampering with the prosecution case.

Per contra, the application is opposed by the Counsel for the State. It is submitted that the applicant has a criminal history. One offence was registered

in the year 2016 for offence under Sections 294, 506 of IPC read with Section 3 (1) (d) of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, another offence was registered in the year 2017 for offence under Section 306/34 of IPC and third offence was registered in the year

2017 for offence under Section 307/34 of IPC.

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 fact that in view of Covid 19 pandemic, it is also necessary to decongest the jail, and without commenting on the merits of the case, it

is directed that the applicant be released on bail, on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) to the satisfaction of

the Trial Court or C.J.M. or Remand Magistrate (Whosoever is available).I t is further directed that the applicants shall mark his presence before the

SHO, Police Station Ambah, District Morena on 1st of every month till pendency of the trial. The applicant shall also furnish an undertaking that he

will abide by all the instructions which may be issued by the Central Govt./State Govt. or Local Administration (General or Specific) from time to time

for combating Covid19. It is further directed that, the applicant shall also furnish one surety in the like amount to the satisfaction of Trial Court within a

period of one month after the lockdown is completely lifted.

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 Sections 437, 439 Cr.P.C. shall remain the same.

This order shall remain in force, till the conclusion of Trial. In case of bail jump, or violation of any of the condition(s) mentioned above, this order shall

automatically lose its effect.

With aforesaid observations, this application is Allowed.