Devendra Parmar And Others vs State Of Madhya Pradesh

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, this application has 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.

This is second bail application u/S.439 Cr.P.C. filed by the applicants for grant of bail.

The applicants have been arrested on 10.12.2020 by Police Station Hazira, District Gwalior (M.P.) in connection with Crime No.256/2020 registered

in relation to the offence punishable under Sections 307, 147, 148, 149, 186, 332, 353 and 341 of IPC.

It is submitted by the counsel for the applicants that Earlier bail application was dismissed as withdrawn vide order dated 18.01.2021 passed in

M.Cr.C. No. 53093/2020 with liberty to repeat the same after filing of charge-sheet. Now, the investigation is over in the matter and the charge sheet

has been filed on 27.01.2021. It is argued that only on the basis of memo of Section 27 of the co-accused, the name of the have been implicated in the

present case. They are having no criminal antecedents. They are ready to abide by all the terms and conditions as may be imposed by this Court.

Upon these grounds they prays for bail.

Per contra, counsel for the State has opposed the application and submits that there is active participation of the present applicants in commission of

offence, but they fairly submits that they are having no criminal antecedents as per the case diary. Filing of charge-sheet is also not disputed by the

State counsel.

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 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€​

Taking into overall facts and circumstances of the case as well as considering the fact that they are in custody since 20.12.2020 and also the fact that

investigation is over in the matter and charge sheet has been filed on 27.01.2021, this Court deems it appropriate to allow this application, accordingly,

the application is allowed subject to verification of the fact that applicants are having no criminal antecedent. The applicants are directed to be

released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one solvent surety of like amount to the

satisfaction of the Investigation Officer /trial Court, as the case may be with submission of written undertaking and they shall 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 applicant 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, concerned who shall

inform the concerned SHO regarding the same. 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 applicant 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.