Parvat Singh Bhadoriya vs State Of M.P.

Matter is heard through Video Conferencing.

I.A. No.15622/2020, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

I.A. No.16796/2020, an application under Section 301(2) of Cr.P.C. filed on behalf of the complainant for assisting the State Counsel is taken up, considered and allowed for the reasons mentioned therein.

Accordingly, Shri Vikram Singh Chauhan, learned counsel and his associates are permitted to assist the State Counsel.

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

Applicant has been arrested on 10/8/2020 by Police Station Umari, District Bhind(M.P.) in connection with Crime No.123/2020 registered for offence under Section 304-A, 304, 201, 34 of IPC.

Learned counsel for the applicant- Parvat Singh Bhadoriya has submitted that this is the second bail application of the present applicant. His earlier bail application was dismissed as withdrawn by this Court vide order dated 26/8/2020 passed in M.Cr.C. No.29721/2020 with liberty to file afresh after reasonable time. Thereafter, the change circumstance is that the charge-sheet has been filed and further custody period of the present applicant. Due to COVID-19 condition, there is no possibility of commencement of trial in near future. Hence, he prays for grant of ad interim bail for a period of 60 days. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Per contra, learned State counsel as well as counsel for the complainant have opposed the submissions and prayed for rejection of this second bail application.

Heard learned counsel for the parties at length through Video Conferencing and considered the arguments advanced by them and perused the case-diary.

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 - 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."

In view of above, considering the facts and circumstances of the present case, and the fact that the working of trial Courts is adversely affected due to present COVID-19 condition, without commenting upon the merits of the case, prayer for interim bail is allowed and it is hereby directed that the applicant shall be released on bail for a temporary period of 60 days from the date of his release on his furnishing personal bond of Rs.1,00,000/-(Rupees One Lac only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court. The applicant shall surrender before the trial Court immediately after completion of 60 days. The intimation regarding surrender of the applicant be furnished to this Court. In case of failure to comply the order, this bail order shall automatically stand cancelled.

In In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if his test is found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after following the guidelines issued by local administration. After release, 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 the 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.

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 them 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. In case of repetition of offence, this bail order shall automatically stand cancelled;

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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

The applicant will inform the SHO of concerned Police Station about his residential address in the said area and it would be the duty of the State Counsel to send E-copy of this order to SHO of concerned Police Station for information.

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.