Sardar Singh Jatav vs State Of M.P

G.S. Ahluwalia, J

This sixth application under Section 439 of Cr.P.C. has been filed for grant of interim bail. The fifth application was dismissed as withdrawn by order

dated 21.8.2019 passed in M.Cr.C.No.32208/2019.

The applicant has been arrested on 3.3.2018 in connection with Crime No.79/2018 registered at Police Station Jaura, District Morena for offence

under Sections 498-A, 120-B, 506, 323, 376 of IPC and under Section 3/4 of Dowry Prohibition Act.

This application for grant of temporary bail for a period of 60 days has been filed mainly on the ground of sickness. The applicant has filed certain

medical documents to show that the applicant is sick and he was hospitalized on 21.6.2021 on the possibility of paralysis and he was discharged from

the hospital on 24.6.2021. It is submitted that the applicant is in jail for the last more than three and half years. If a temporary bail for a period of 60

days is granted, then he would be in a position to get himself treated more effectively. It is further submitted that the applicant would follow all Covid

19 protocols as decided by the Central Government or the State Government or Local Administration.

Per contra, the application is vehemently opposed by the counsel for the respondent/State. It is submitted by the counsel for the State that the

allegations against the applicant are that he used to rape his daughter-in-law.

Considered the submissions made by the Counsel for the parties through video conferencing.

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 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 submissions made by the counsel for the parties as well as considering the fact that the applicant is in jail for the last three and half

years and he is seeking temporary bail for a period of 60 days on the ground of his fitness as well as second wave of Covid 19 pandemic, this Court is

of the considered opinion that the applicant can be granted temporary bail for a period of 60 days. It is directed that on furnishing the personal bond in

the sum of Rs. 1,00,000 (Rs. One Lac) with one surety in the like amount, to the satisfaction of the Trial Court or C.J.M. or Remand Magistrate

(Whosoever is available), the applicant be released on temporary bail for a period of 2 months from the date of his release. The applicant shall also

furnish an undertaking before the Trial Court that he shall surrender on the 60th day from his release and shall file all the medical documents which he

would take during the period of temporary bail. He shall also furnish an undertaking before the Court, that he shall abide by all the instructions which

may be issued by the Central Govt./State Govt. or Local Administration for combating Covid19 from time to time.

The Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS by order dated 7-4-2020 has directed as under :

In these circumstances, we consider it appropriate to direct that Union of India shall ensure that all the prisoners having been released by the

States/Union Territories are not left stranded and they are provided transportation to reach their homes or given the option to stay in temporary shelter

homes for the period of lockdown.

For this purpose, the Union of India may issue appropriate directions under the Disaster Management Act, 2005 or any other law for the time being in

force. We further direct that the States/Union Territories shall ensure through Directors General of Police to provide safe transit to the prisoners who

have been released so that they may reach their homes. They shall also be given an option for staying in temporary shelter homes during the period of

lockdown.

Accordingly, it is directed that before releasing the applicant, the jail authorities shall get the applicant examined by a competent Doctor and if the

Doctor is of the opinion that his Corona Virus test is necessary, then the same shall be conducted. If the applicant is not found suspected of Covid19

infection or if his test report is negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his

house as per the directions issued by the Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS (Supra) , and if

he is found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. 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 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. The applicant is further directed to supply a copy of this bail order to the police

station having jurisdiction over his place of residence.

The other conditions of Section 437,439 Cr.P.C. shall remain the same.

With aforesaid observations, the application is finally disposed of.