Suresh vs State Of M.P

Vishal Mishra, J

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

Heard the learned counsel for the parties.

The applicant has filed this third application u/S 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Lahar, District Bhind

in connection with Crime No.309/2019 registered in relation to the offence punishable under Sections 302, 34 of IPC. Earlier applications were

rejected vide order dated 8.1.2020 passed in M.Cr.C. No.52305/2019 and vide order dated 3.7.2020 passed in M.Cr.C. No.17681/2020.

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

in custody since 13.09.2019. It is further submitted that the co-accused Sanjeev Kumar has already been enlarged on bail by this Court vide order

dated 24.12.2020 passed in MCRC No.49704/2020 and the applicant claims parity with the co-accused. The applicant is ready to abide by all the

terms and conditions as may be imposed by this Court.

On the ground of parity, he prays for grant of bail.

Per contra, counsel for the State has opposed the application. However, she fairly admits that the case of the applicant is in total parity with that of co-

accused Sanjeev and the applicant is having no criminal history.

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 also considering the ground of parity, this Court deems it appropriate to allow this

application. Accordingly, the application is allowed. 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 the like amount to the satisfaction of the Investigation Officer /trial Court, as the case

may be with submission of written undertaking and he 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 Superintendent of Police concerned 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 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.