G.S. Ahluwalia, J
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 30.6.2021 in connection with Crime No.61/2021 registered at Police Station G.R.P. (B.G.), District Gwalior for
offence under Sections 380, 201 of IPC.
It is submitted by the counsel for the applicant that according to the prosecution case, lock of suitcase in a running train was broken and the mobile,
charger and Rs.2,000/- were stolen. It is submitted that nothing incriminating has been recovered from the possession of the applicant. The mobile
phone has also not been recovered. The applicant has not been put for test identification parade. The applicant has been arrested merely on the basis
of the confessional statement made by the applicant himself under Section 27 of the Evidence Act which is not admissible in the light of Section 25
and 26 of the Evidence Act. The applicant is in jail from 30.6.2021. The trial is likely to take sufficiently long time and there is no possibility of his
absconding or tampering with the prosecution case. It is further submitted that in the light of the criminal antecedents of the applicant he is ready and
willing to abide by any stringent condition which may be imposed by the Court.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that as many as 23 more criminal cases of similar in
nature have been registered against the applicant. It is submitted that an amount of Rs.1,200/- has been recovered from the possession of the
applicant. However, it is fairly conceded that in absence of a specific identification mark on the currency notes, it is difficult to prove that the said
currency notes were stolen from the suitcase of the complainant.
Considered the submissions made by the Counsel for the parties through video conferencing.
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
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 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.â€
Considering the allegations, as well as considering the fact that in view of second wave of Covid19 pandemic, it is also necessary to decongest the jail,
and without commenting on the merits of the case, it is directed that the applicant be released on bail, on furnishing a personal bond in the sum of
Rs.1,00,000/- (Rs. One Lac) with one surety in the like amount to the satisfaction of the Trial Court or C.J.M. or Remand Magistrate (Whosoever is
available). 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 Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS by order dated 7-4-2020 has directed as under :
In these circumstances, we consider it appropriate to direct that Union of India shall ensure that all the prisoners having been released by the
States/Union Territories are not left stranded and they are provided transportation to reach their homes or given the option to stay in temporary shelter
homes for the period of lockdown.
For this purpose, the Union of India may issue appropriate directions under the Disaster Management Act, 2005 or any other law for the time being in
force. We further direct that the States/Union Territories shall ensure through Directors General of Police to provide safe transit to the prisoners who
have been released so that they may reach their homes. They shall also be given an option for staying in temporary shelter homes during the period of
lockdown.
Accordingly, it is directed that before releasing the applicant, the jail authorities shall get the applicant examined by a competent Doctor and if the
Doctor is of the opinion that his Corona Virus test is necessary, then the same shall be conducted.
If the applicant is not found suspected of Covid19 infection or if his test report is negative, then the concerned local administration shall make
necessary arrangements for sending the applicant to his house as per the directions issued by the Supreme Court in the case of IN RE :
CONTAGION OF COVID 19 VIRUS IN PRISONS (Supra), and if he is found positive then the applicant shall be immediately sent to concerning
hospital for his treatment as per medical norms. The applicant is further directed to strictly follow all the instructions which may be issued by the
Central Govt./State Govt. or Local Administration for combating Covid19. If it is found that the applicant has violated any of the instructions (whether
general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local
Administration/Police Authorities shall immediately take him in custody and would send him to the same jail from where he was released. The
applicant is further directed to supply a copy of this bail order to the police station having jurisdiction over his place of residence.
The other conditions of Section 437, 439 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.
It is further directed that the applicant shall appear before the S.H.O. Police Station G.R.P. (B.G.), District Gwalior on 1st of every month during the
pendency of the trial.
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 18.3.2021 in Criminal
Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.
With aforesaid observations, this application is Allowed.
