Sunil Sharma vs State Of Madhya Pradesh

Vishal Mishra, J

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

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 counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

Applicant has been arrested on 20.10.2020 by Police Station Mihona, District Bhind (M.P.) in connection with Crime No.79/2020 registered in relation

to the offence punishable u/Ss. 379 and 414 of IPC.

It is submitted by counsel for the applicant that applicant has falsely been implicated in the present case and he has not committed any offence in any

manner. It is submitted that charge sheet has been filed in the matter on 11.11.2020. It is submitted that applicant is first offender and there is no other

criminal case registered against the present applicant. It is argued that the tractor has been returned to the owner by the order of District Magistrate,

inspite of the same, the present offence has been registered against the present applicant. It is pointed out that as per the prosecution story that

applicant was driver of the vehicle in question who was transported the sand illegally. Charge sheet has already been filed in the matter, therefore

there is no further requirement of custodial interrogation of the present applicant. He is ready to abide by all the terms and conditions that may be

imposed by this Court while considering his application for grant of bail and is willing to contribute an amount of Rs.10,000/- towards the benefit of

needy during this COVID 19 pandemic scenario.

Per contra, counsel for the State has opposed the application stating that as per general case diary detail another offence is said to be registered with

respect to the same tractor in question. The applicant is also pointed out in his memo recorded under Section 27 of Evidence Act with respect to the

same tractor which was recovered from Madhogarh, District Jalone, U.P. It is submitted that the applicant is a driver of vehicle in question, but he

could not dispute the fact that charge sheet has been filed in the matter.

Counsel for the applicant submits that applicant is a first offender and the aforesaid aspect can be verified.

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 and the fact that charge sheet has been filed in the matter and looking to the period of

custody, this Court deems it appropriate to allow this application, accordingly, the application is allowed subject to verification of the fact that applicant

is a first offender. The applicant is directed to be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only)

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

undertaking and he shall 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 involve any other offence, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by

this Court shall automatically cancelled.

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 has gracefully volunteered to donate Rs.10,000/- (Rs. Ten Thousand Only) which is to be deposited within a period of

seven days from the date of his release with the Administrator of the Mercy Home, Gwalior and the same will be utilized for the benefit

of Children at Mercy Home during this COVID-19 pandemic.

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 Public Prosecutor 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.

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 applicants shall be released immediately on bail and shall be given a pass or permit

for movement to reach his place ofresidence.

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.