Munna Jat 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, 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.

Heard the learned counsel for the parties.

The applicant has filed this third application u/S 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Bijoli District Gwalior

in connection with Crime No.175/2020 registered in relation to the offence punishable under Sections 376, 34 of IPC. First application was dismissed

as withdrawn vide order dated 06.10.20 passed in M.Cr.C. No.37643/2020 and second application was dismissed as withdrawn vide order dated

20.11.2020 in M.Cr.C.No.44721/2020 with liberty to repeat the same after recording of statements of material witnesses.

It is argued that the statement of the prosecutrix and eyewitness have been recorded before the trial Court as PW/1 and PW/2. The prosecutrix is not

able to speak, therefore from her statement it is nowhere seen that the offence under Section 376 is committed by the present applicant. PW/2 being a

child witness and an eyewitness of the incident has turned hostile in the matter. Even the medical report does not disclose any commission of offence

as no definite opinion was given by the medical expert. The applicant is in custody since 1.9.2020. He is the first offender. On these grounds, he prays

for grant of bail.

Per contra, counsel for the State has opposed the application stating that there are specific allegations against the present applicant and he is a

principal accused. But the factum of the eyewitness being turned hostile and the prosecutrix not supporting the prosecution case even as per the

medical report also is not disputed by the State counsel. The applicant being the first offender is 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 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, this Court deems it appropriate to allow this application. Accordingly, the application is

allowed. The applicant is directed to be released on bail subject to verification of the fact that the applicant is a first offender and on furnishing a

personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand Only) 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 he 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 he 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 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 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 Panel Lawyer 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.

Application stands allowed and disposed of.

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

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

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

movement to reach his 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.