Ramlakhan vs State Of M.P

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, these applications have 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 on I.A.No.7711/2010 in M.Cr.C.No.17503/2020 and I.A.No.5527/2020 in M.Cr.C.No.14769/2020, applications under Section 301 (2) of

Cr.P.C.

For the reasons mentioned in the application, I.A.No.7711/2020 and I.A.No.5527/2020 are allowed and Shri Ashish Saraswat, counsel for the

complainant and his associates are permitted to assist the learned Panel Lawyer in the matter.

Heard the learned counsel for the parties.

The applicant-Jagdish Singh has filed the first application u/S 439 Cr.P.C. for grant of bail and the applicant-Ramlakhan has filed the fourth application

u/S 439 Cr.P.C. for grant of bail. First application of applicant-Ramlakhan was dismissed as withdrawn with liberty to repeat the same after

recording the statement of material witnesses before the Court below vide order dated 2.12.2019 passed in M.Cr.C.No.48298/2019 and second and

third application of applicant-Ramlakhan were dismissed as withdrawn vide order dated 19.12.2019 passed in M.Cr.C.No.52092/2019 and order dated

13.3.2020 passed in M.Cr.C.No.10811/2020.

The applicants have been arrested by Police Station Noorabad, District Morena in connection with Crime No.194/2018 registered in relation to the

offence punishable under Sections 307, 249/34 of IPC.

It is submitted by counsel for the applicants that owing to the COVID-19 scenario the witnesses could not be examined before the learned Trial Court.

As per the prosecution story no injury is being attributed to the present applicants. They have been stated to have been armed with weapons, but the

fire-arm injury caused to the injured is attributed to the co-accused Rakesh. It has argued that co-accused Harendra and Jogendra have already been

enlarged on bail by this Court vide order dated 20.9.2019 passed in M.Cr.C.No.39088/2019 and vide order 27.12.2018 passed in

M.Cr.C.No.51271/2018 respectively. The case of the present applicants are on better footing than that of the Harendra. They are in custody since

5.11.2019. They are ready to abide by all the terms and conditions as may be imposed by this Court. They have shown their willingness to cooperate

in the pandemic situation of COVID-19 and is ready to contribute an amount of Rs.10,000/- each towards the PM Care Fund. Under these

circumstances, counsel for the applicants prays for grant of bail to the applicants.

Per contra, counsel for the State as well as complainant have opposed the applications stating that all the arguments advanced by counsel for the

applicants have already been considered in the earlier application. It is argued that the present applicants are the aggressors in the matter and they

were present on the spot along with co-accused Rakesh and have actively participated in commission of offence. Though parity could have been

claimed with Harendra and Jogendra as their presence on the spot of incident is shown on the later stage. They fairly submits that the bullet injury

which is sustained to the injured is caused by Rakesh as per the prosecution. It is further argued that there is a criminal history of three cases against

both the applicants. It is further argued that the applicants have remained absconded for a considerable period of one year and not supported in the

investigation and has delayed the trial.

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€​

Considering the overall facts and circumstances of the case and taking into consideration the judgment of Hon'ble Supreme Court in the case of

Bhausaheb Nagu Dhavare Vs. State of Maharashtra, 2001 (3) Crimes 410, and the fact that there is no specific allegation of inflicting injury by the

present applicants to the injured, this Court deems it appropriate to allow this application. Accordingly, the application is allowed.

The applicants are directed to be released on bail on their furnishing personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand Only) each with

one solvent surety each of the like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written

undertaking and the applicants 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 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 applicants shall deposit Rs. 20,000/- (Rs.10000/- each) in PM CARES Fund having Account Number : 2121PM20202, IFSC

Code: SBIN0000691, SWIFT Code : SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch within

seven days from today.

The applicants will not involve any other offence, in case the applicants indulge themselves in any other criminal case the benefit of bail as extended

by this Court shall automatically cancelled.

The applicants 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 Panel Lawyer to send E-copy of this order to SHO of concerned police station as well as concerned Superintendent of Police 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 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 applicants 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.