Matadeen Singh Gurjar 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 taken up for hearing through video conferencing to maintain social distancing.

Heard the learned counsel for the parties.

The applicant has filed this first application u/S 438, Cr.P.C. for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.26/2019 registered by Police Station Bhawarpur, District Gwalior in relation to the

offences punishable under Sections 365, 147, 148, 149 of IPC and Section 11/13 of MPDVPK Act.

Learned counsel for the applicant submits that the applicant the applicant has been falsely implicated in the case and he has not committed any

offence. He is aged about 63 years and is chronic heart patient and is under treatment. The matter has already been compromised between the parties

for which a petition under Section 482 of Cr.P.C. bearing M.Cr.C. No.4722/2020 was filed, wherein statements have been recorded and it is stated

that due to mistake and misunderstanding, the complaint was made. Parties have already settled their issues. The co-accused have already been

enlarged on bail but under Section 439 of Cr.P.C. Applicant is a chronic heart patient and therefore, could not surrender and apply for bail owing to

covid-19 pandemic situation. He has filed certain documents relating to his heart disease. He has drawn attention of this Court to the statement of the

complainant wherein it is specifically mentioned that owing to mistake and misunderstanding the compliant was made. After the order passed by this

Hon'ble Court in the Habeas Corpus petition, her father has taken away from her matrimonial house but under misconception the report was made.

Learned counsel for the applicant has relied upon the judgment passed by the Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab

and Another as reported in (2012) 10 SCC 303 and has argued that the Hon'ble Supreme Court has held that when there are remote chances of

conviction, the application for anticipatory bail should be considered. He has voluntarily shown his willingness to donate an amount of Rs.10,000/- for

the benefit of children residing in mercy home during this Covid-19 Pandemic. Under these circumstances, he prays for anticipatory bail.

Per contra, learned Panel Lawyer for the respondent/State opposed the application stating that the offence is registered in the year 2019 but the

applicant has not cooperated in the investigation. Other co-accused persons are enlarged on bail under Section 439 of Cr.P.C. but the applicant was

not surrendered. The factum of compromise could not be disputed by the State counsel as the same is a matter of record.

The Hon'ble Supreme by order dated 23.03.2020 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€​

Taking into overall facts and circumstances of the case and considering the fact that in view of Covid-19 pandemic, without commenting on the merits

of the case, her application is allowed and it is hereby directed that in the event of arrest, the applicant shall be released on bail on his furnishing a

personal bond of Rs.50,000/-(Rupees Fifty Thousand only) to the satisfaction of Investigation Officer / trial Court, as the case may be with submission

of written undertaking that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government,

State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic

and he will has to install Arogya Setu App, if not already installed.

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

The applicant will comply with all the terms and conditions of the bond executed by him;

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

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

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

The applicant shall not commit an offence similar to the offence of which he is accused.

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

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

The appellant has gracefully volunteered to donate Rs.10,000/- (Rs. Ten Thousand Only) towards the Administrator/Director Mercy

Home, Gwalior and obtained the receipt. On presentation of the receipt the bail bond be furnished. The amount so deposited shall only

be utilized to the benefit of children residing at Mercy Home.

The applicant will inform the concerned S.H.O. Of concerned Police Station about his 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 concerned who shall inform the concerned SHO

regarding the same.

In case the applicant violate any of the conditions mentioned above the bail application shall stand automatically canceled.

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.