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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G.S. Ahluwalia, J.
Sukhdev Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.4340 of 2022
Decided On : 27-01-2022
Bail - Criminal Law - The court allowed the bail application of the applicant, who was the driver of a vehicle involved in an accident causing death, considering the period of detention and the likelihood of a lengthy trial. The applicant was directed to furnish a personal bond and surety for release on bail, with a condition to verify previous temporary parole in light of the Covid-19 pandemic.
Fact of the Case:
The applicant, a driver involved in a fatal accident, filed a bail application after being in jail for over 10 months. Previous bail applications were rejected on merits.
Finding of the Court:
The court allowed the bail application, considering the period of detention and the likelihood of a lengthy trial, without commenting on the merits of the case.
Issues: Bail application after prolonged detention, previous rejection of bail applications, and the impact of Covid-19 pandemic on temporary parole.
Ratio Decidendi: The court considered the period of detention and the likelihood of a lengthy trial as grounds for granting bail, with a condition to verify previous temporary parole in light of the Covid-19 pandemic.
Final Decision: The applicant was granted bail on furnishing a personal bond and surety, with a condition to verify previous temporary parole in light of the Covid-19 pandemic. The bail would remain effective till the end of trial, but would become ineffective in case of bail jump.
JUDGMENT
G.S. ahluwalia, J. - This third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed on merits by order dt.14.06.2021 passed in M.Cr.C. No.28338/2021.
The applicant has been arrested on 23.03.2021 in connection with Crime No.128/2021 registered at Police Station Purani Chhawani, Distt. Gwalior for offence under Sections 304-a, 304 of IPC.
It is submitted by the counsel for the applicant that the applicant is the driver of the offending vehicle, which dashed the auto rickshaw causing death of 13 persons. The applicant is in jail from 23.03.2021. He was never released on temporary parole/bail. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that previous bail applications of the applicant were rejected on merits. However, it is fairly conceded that the second bail application was rejected on 14.06.2021 and the present application has been filed after expiry of more than six months from the date of rejection of second bail application and the applicant has remained in jail for the last more than 10 months.
Considering the facts and circumstances of the case as well as period of detention, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
Before releasing the applicant on bail, the Court below shall verify as to whether the applicant was ever released on temporary parole in the wake of Covid-19 pandemic or not. If it is found that the applicant was released on temporary parole, then this order shall automatically come to an end and the Court below shall not be obliged to release the applicant on bail as the applicant is being released purely on the ground of period of detention.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of aparna Bhat and others Vs. State of M.P. passed on 18.03.2021 in Criminal appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.
The court may grant bail considering the period of detention and the likelihood of a lengthy trial, without commenting on the merits of the case.
Granting bail on stringent conditions to prevent delay in trial and ensure the applicant's accountability.
The court considered the duration of pre-trial incarceration, the nature of the allegations, and the absence of comments on the merits of the case in granting bail.
Lack of prosecution and interest by the applicant can lead to dismissal of a bail application.
Prolonged incarceration justifies reconsideration of bail applications; prior rejections do not prevent courts from reevaluating bail based on changed circumstances.
The examination of the victim is a crucial factor in considering bail applications under Section 439 of Cr.P.C.
The court has the discretion to grant bail on stringent conditions, taking into account the period of detention, the circumstances of the case, and the lack of improvement in the applicant's life.
The court has the discretion to grant bail under Section 439 of Cr.P.C. based on the facts and circumstances of the case, without commenting on the merits of the case.
The court may grant bail under Section 439 of Cr.P.C. based on the absence of heinous offences in the applicant's criminal history and the likelihood of a lengthy trial, while imposing specific condi....
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