Bachhu vs State Of Madhya Pradesh

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.

This criminal appeal under Section 374 of Cr.P.C has been filed by the appellant against the judgment dated 19.09.2019, passed in S.T.No.154 of 2013 by Second Additional Sessions Judge, Joura, District Morena whereby the appellant has been convicted u/S. 307 of IPC and sentenced to undergo 10 years' R.I. with fine of Rs.3000/- and under Section 25(1-A) (b) of Arms Act and sentenced to undergo one year R.I. with fine of Rs.1000/- with default stipulation.

Heard on I.A. No.18197/2020, an application for grant of interim bail on the ground of illness of his wife.

It is argued that she is having problem with small right ovarian cyst as shown in the ultrasound report dated 22.08.2020. It is argued that the operation is required to be done and there is no other in the family to take care of her as the father and mother are old aged about 70-75 years. The brothers are living separately as has been mentioned in the application. It is argued that the application be considered for a limited period. He will submit all the medical documents with respect to the treatment carried out during the aforesaid period. He is ready to abide by all the terms and conditions and has also shown his willingness to contribute an amount of Rs.2000/- towards the High Court Bar Association Fund Gwalior for the benefits of lawyers during this COVID 19 pandemic.

Per contra, counsel for the State has raised objection on the application stating that the medical documents filed shows that the cyst in ovary which does not require immediate treatment. He has prayed for rejection of the application.

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 - 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."

Considering the overall facts and circumstances of the case and looking to the medical documents filed of wife of the present appellant, this Court deems it appropriate to enlarge the appellant on bail on temporary basis for a period of 45 days to enable him to get the treatment of his wife. Accordingly, the application (I.A. No.18197/2020) is allowed. The appellant is directed to be released for a period of 45 days (from the date of his release) furnishing a surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court. The appellant is directed to surrender immediately before the trial Court after completion of 45 days from the date of release and further directed to submit all the medical documents. The appellant shall deposit Rs.2000/- (Rs. Two Thousand only) in the account of the High Court Bar Association, Gwalior within a period of seven working days from the date of release, for the purpose of assistance and rehabilitation of the members of the Bar, who are facing financial distress due to lock-down and restrictive functioning of the courts owing to ongoing Covid 19 Pandemic. This Court has no manner of doubt that the office bearers and the senior members of the Bar shall ensure that the donation reaches the rightful and deserving claimants. The appellant is directed to abide by all the terms and conditions. Appellant shall install Arogya Setu App in his mobile immediately and would intimate his place of residence to the SHO of concerned Police Station; where he resides. Appellant further submit the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic.

In view of the COVID-19, jail authorities are directed that before releasing the appellant, medical examination of appellant 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 appellant 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 appellant 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.

Application stands disposed of.

List for verification of the surrender of the appellant after 45 days.