Vishal Mishra, J
Heard the learned counsel for the parties.
The applicant has filed this fourth application under Section 439 Cr.P.C. for grant of bail. The applicant has been arrested on 26.7.2020 in connection
with Crime No.262/2020 registered at Police Station Kotwali, District Shivpuri in relation to the offence punishable under sections 20 and 21 of
Forward Contracts (Regulation) Act, 1952 and sections 420 and 120B of IPC. Earlier application (third application) was dismissed as withdrawn vide
order dated 19.11.2020 passed in M.Cr.C.No.42488/2020.
Learned counsel for the applicant submits that the subsequent application has been filed on the ground that the charges under section 23 (1) of the
Securities Contracts (Regulation) Act, 1956 has not been framed against the present applicant. It is submitted that the new charges under section 20
and 21 of the Forward Contracts (Regulation) Act, 1952 and sections 420 and 120B of IPC have been framed against the present applicant. It is
submitted that the maximum punishment in the aforesaid offences is not more than seven years. He submits that he is in custody since 26.7.2020.
Learned counsel further submits taht the charge-sheet has already been filed. There is no further requirement of custodial interrogation. The applicant
is a first offender and he is ready to abide by all the terms and conditions as may be imposed by this Court. It is submitted by counsel for the applicant
that looking to the present scenario of COVID-19 pandemic, he prays for grant of bail. The applicant has shown his willingness to cooperate in the
pandemic situation of COVID-19 and is ready to contribute Rs.5,000/- towards towards the needy during this COVID 19 pandemic.
Per contra, counsel for the State has opposed the bail application stating that earlier application was already rejected on merits, but he could not
dispute the factum of framing of charges vide order dated 20.11.2020, wherein the applicant has already been discharged from the charges under
section 23 (1) of the Securities Contracts (Regulation) Act, 1956.
The Hon'ble Supreme Court by order dated 23.03.2020 passed in the case of IN RE C: ONTAGION 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.T he 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 only on submission of receipt of deposit of Rs.5,000/- (Rupees Five Thousand) with the Administrator
of Mercy Home Gwalior in the Account No.51432040002780 IFSC Code- PUNB0514310 of Punjab National Bank, Branch Gwalior, Mansik
Arogyashala, Jail Road, Gwalior, and 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 :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. 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;
4. The applicant shall not commit an offence similar to the offence of which he is accused.
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. 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.
