Shivdayal Patwa vs State Of M.P

Vishal Mishra, J

The applicant has filed this second application under Section 439 Cr.P.C. for grant of bail. The applicant has been arrested on 18.8.2020 in connection

with Crime No.121/2020 registered at Police Station Dursuda, District Datia in relation to the offence punishable under sections 307, 294, 323,324,

506/34 of IPC. First application was dismissed as withdrawn vide order dated 8.12.2020 passed in M.Cr.C.No.49124/2020.

Learned counsel for the applicant submits that he is in custody since 18.8.2020. It is submitted by counsel for the applicant that the investigation is

over in the matter and charge-sheet has been filed on 10.10.2020. Learned counsel for the applicant further submits that as per the medical report

there is no bony injury on the body of the deceased as per the x-ray report. It is submitted that looking to the custody period and the nature of injuries

inflicted coupled with the fact that he is first offender, he prays for grant of bail.

Per contra, counsel for the State has opposed the bail application stating that the applicant is a principal accused in the case and the allegation of

inflicting injuries on him which is medically corroborated. However, he fairly submits that in the x-ray report there is no bony injury seen over the

injured. The applicant being the first offender is not disputed by the State Counsel and the filing of the charge-sheet is also not disputed.

The Hon'ble Supreme Court 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 as well as the fact that the applicant is a first offender, and looking to the present scenario

of COVID-19, this Court deems it appropriate to allow this application. The application is allowed, subject to verification of the fact that the applicant

is a first offender.

The applicant is directed to be released on bail on furnishing surety bond 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 the applicant 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 State counsel 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 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/Certified copy as per rules/directions.