Monday, 25 May 2020

Whether a court can release accused on bail subject to the condition that he will work as Corona warrior?

Though Chargesheet has not been filed but appellants does
not appear to have any criminal antecedents and therefore,
considering the allegations and the fact that the material placed on
record does not disclose the possibility of the appellants fleeing
from justice and trial is not likely to conclude in the near future
and prolonged pre-trial detention being an anathema to the
concept of liberty, this court is inclined to extend the benefit of
bail to the appellants.
Undoubtedly, the appellants are young/middle aged/able
bodied responsible citizens. In the present time where the entire
humanity is struggling to survive against the Covid-19 pandemic
the governmental machinery is experiencing extreme shortage of
hands in the process of disaster management, the appellants as
citizens of nation are obliged to assist the govt. in times of this
deep crises by discharging their fundamental duty enshrined under
Article 51-A(d) which reads thus:-
“51A. Fundamental duties. – It shall be the duty of
every citizen of India –

(d). to defend the country and render national
service when called upon to do so;”
Accordingly, this Court deems it appropriate to pass suitable
order prescribing it to be a part of one of the conditions subject to which appellants have been granted bail so that the human
resource in shape of the appellants can be utilized for the
betterment of the society and to ward off the crises.

The appellants shall register themselves with the District
Magistrate, Guna as “Covid-19 Warriors” by entering their
names in a Register named as COVID-19 WARRIOR
REGISTER. The appellants then, shall be assigned work of
Covid-19 disaster management at the discretion of District
Magistrate Guna by taking all prescribed precautions. The
nature, quantum and duration of the work assigned is left to the  wisdom of District Magistrate, Guna. This Court expects
that the appellants shall rise to the occasion to serve the society
in this time of crises to discharge their fundamental duty of
rendering national service when when call upon to do so as per
Article 51-A(d) of the constitution.

THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.2929/2020
(Badal Singh & Others Vs. State of M.P. and another)
Gwalior, dated: 18.05.2019


Case-diary is perused.
Learned counsel for the rival parties are heard.
Present appeal filed u/S. 14(A)(2) of the Act assails the
order dated 17/04/2020 passed by the Special Judge (Atrocities),
Guna (M.P.) whereby the application preferred by the appellants
herein u/S. 439 of Cr.P.C. came to be rejected.
The appellants are in custody since 21/03/2020 in
connection with Crime No.132/2020, registered by Police Station
Aaron, District Guna (M.P.) in relation to the offences punishable
u/Ss. 436, 294, 323, 506 & 34 of IPC and Section 3(2)(r), 3(2)(s)
of the SC & ST Act.
Learned Public Prosecutor for the State, on the other hand,
prayed for dismissal of the appeal by contending that on the basis
of the allegations and the material available on record, no case for
grant of bail is made out.
Appellants are in custody since 17/04/2020 in respect of

aforesaid offences.
Though Chargesheet has not been filed but appellants does
not appear to have any criminal antecedents and therefore,
considering the allegations and the fact that the material placed on
record does not disclose the possibility of the appellants fleeing
from justice and trial is not likely to conclude in the near future
and prolonged pre-trial detention being an anathema to the
concept of liberty, this court is inclined to extend the benefit of
bail to the appellants.
Undoubtedly, the appellants are young/middle aged/able
bodied responsible citizens. In the present time where the entire
humanity is struggling to survive against the Covid-19 pandemic
the governmental machinery is experiencing extreme shortage of
hands in the process of disaster management, the appellants as
citizens of nation are obliged to assist the govt. in times of this
deep crises by discharging their fundamental duty enshrined under
Article 51-A(d) which reads thus:-
“51A. Fundamental duties. – It shall be the duty of
every citizen of India –
(a). XXX-XXX-XXX
(b). XXX-XXX-XXX
(c). XXX-XXX-XXX
(d). to defend the country and render national
service when called upon to do so;”
Accordingly, this Court deems it appropriate to pass suitable
order prescribing it to be a part of one of the conditions subject to

which appellants have been granted bail so that the human
resource in shape of the appellants can be utilized for the
betterment of the society and to ward off the crises.
Accordingly, without expressing any opinion on merits of
the case, present appeal is allowed and the impugned dated
17/04/2020 passed by the Special Judge (Atrocities), Guna (M.P.)
is quashed by directing that the appellant be released on bail on
furnishing a personal bond in the sum of Rs.50,000/-(Rs. Fifty
Thousand only) each with one solvent surety of the like
amount to the satisfaction of the concerned Trial Court.
This order will remain operative subject to compliance of
the following conditions by the appellant :-
1. The appellants will comply with all the terms and
conditions of the bond executed by them;
2. The appellants will cooperate in the investigation/trial,
as the case may be;
3. The appellants 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/her from disclosing
such facts to the Court or to the Police Officer, as the case may
be;
4. The appellants shall not commit an offence similar to
the offence of which they are accused;
5. The appellant will not seek unnecessary adjournments
during the trial; and
6. The appellant will not leave India without previous
permission of the trial Court/Investigating Officer, as the case
may be.
7. The learned concerned Magistrate and the prosecution
are directed to ensure following of Covid-19 precautionary
protocol prescribed from time to time by the Supreme Court,

the Central Govt. and as well as the State Govt during release,
travel and residence of the appellants during period of
suspension of sentence as a consequence of this order.
8. The appellants shall register themselves with the District
Magistrate, Guna as “Covid-19 Warriors” by entering their
names in a Register named as COVID-19 WARRIOR
REGISTER. The appellants then, shall be assigned work of
Covid-19 disaster management at the discretion of District
Magistrate Guna by taking all prescribed precautions. The
nature, quantum and duration of the work assigned is left to the
the wisdom of District Magistrate, Guna. This Court expects
that the appellants shall rise to the occasion to serve the society
in this time of crises to discharge their fundamental duty of
rendering national service when when call upon to do so as per
Article 51-A(d) of the constitution.
Registry is directed to communicate about the passing of this
order to the concerned District Magistrate for compliance.
The District Magistrate concerned is directed to intimate this
Court in case condition No.8 is not complied with and on receipt of
any such intimation, Registry is directed to list the matter before
appropriate bench as PUD.
A copy of this order be sent to the Court concerned for
compliance.
C.C. as per rules.

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