Manish Kumar Paliwal vs State Of MP

G.S. Ahluwalia, J

This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.138/2021 registered at Police Station Maksudangarh, Guna Distt. Guna for offence

under Section(s) 294, 323, 324, 506, 34, 325, 337, 307 of I.P.C.

It is submitted by the counsel for the applicant, that it appears that a free fight took place between the rival parties on the issue of electric wire. On the

report of applicant, a crime No. 139/2021 has been registered at Police Station Maksudangarh, district Guna against complainant party for offence

under Sections 294, 323, 506, 34 of IPC. Even according to the allegations against the applicant, it appears that the applicant is alleged to have

assaulted the complainant by kicks and fist blows. There is no allegation that applicant used any weapon muchless deadly weapon to cause any injury

to the complainant. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tempering with prosecution

witnesses.

Per contra, the application is vehemently opposed by the counsel for the State. However, after going through the police case-diary, it is fairly

conceded that co-accused Dharmendra Paliwal has alleged to have given a lathi blow on the forehead of the complainant. However, it is fairly

conceded that even according to the FIR, lathi was already lying on the ground.

Considered the submissions made by the Counsel for the parties.

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 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 41182/2021 Manish Kumar Paliwal vs. State of MP

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 allegations, as well as considering the fact the deteriorating situation in view of second wave of Covid19 pandemic, and without

commenting on the merits of the case, it is directed that if the applicant appears before the Investigating officer on or before 30.08.2021 and furnishes

his personal bond in the sum of Rs. 1,00,000 (Rs. One Lac) to the satisfaction of the investigating officer, then he shall be released on bail.

The applicant shall also furnish an undertaking that he shall follow 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.

The other conditions of Section 438 Cr.P.C. shall remain the same.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 41182/2021 Manish Kumar Paliwal vs. State of MP

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.

In case, if the applicant fails to appear before the investigating officer on the specified date, then this order shall lose its effect.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal

Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

With aforesaid observations, this application is Allowed.