Gajendra vs State Of MP

G.S. Ahluwalia, J

This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.58/2021 registered at Police Station Aron Distt. Gwalior for offence under Section(s) 306, 34 of I.P.C.

It is submitted by the counsel for the applicant, that according to prosecution case the deceased was beaten by applicant and other co-accused persons on 19.02.2020 and accordingly he committed suicide by consuming sulfas on 21.02.2020. It is submitted that even if the entire allegations are accepted, then prima-facie it is clear that no offence of abetment is made out. The applicant is ready and willing to co-operate in the investigation. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tempering with prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State.

Considered the submissions made by the counsel for the parties.

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 - 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."

Considering the allegations, as well as considering the deteriorating situation in view of second wave of Covid19 pandemic, and without commenting on the merits of the case, it is directed that if the applicant appears before the Investigating officer on or before 21.09.2021 and furnishes his personal bond in the sum of Rs. 1,00,000 (Rs. One Lac) to the satisfaction of the investigating officer, then he shall be released on bail. The applicant shall also furnish an undertaking that he shall follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration (General or Specific) from time to time for combating Covid19.

The other conditions of Section 438 Cr.P.C. shall remain the same.

This order shall remain in force, till the conclusion of Trial. In case of bail jump, or violation of any of the condition(s) mentioned above, this order shall automatically lose its effect.

In case, if the applicant fails to appear before the investigating officer on the specified date, then this order shall lose its effect.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on the intimation regarding grant of bail be sent to the complainant.

With aforesaid observations, this application is Allowed.