If a person released on Bail violates the instructions laid to combat COVID-19 Pandemic, he can end up in the same Jail

Rida Farid Bazmi | Symbiosis Laws School | 18th May 2020

Amar Singh vs. State of M.P. (M.Cr.C. No.13468/2020)

Facts:  

The applicant has been arrested on January 27, 2020 by the Police for the offence under Section 8 and 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The applicant along with two other co-accused persons was travelling in a Santro car and during the inspection around 12 kg of poopy seeds were seized. The application under section 439 Cr. PC have been filed by the applicant to seek bail. 

Judgement: 

It was submitted before the court that the applicant has been falsely implicated and is not an offender as there is no clear direct action against the applicant. Also, the applicant was willing to adhere to all terms and conditions of guidance, circulars and directions issued by Central Government, State Government and Local Administration concerning measures with respect to COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

However, the State counsel objected the Prayer of bail taking into the account the amount of poppy seeds that was confiscated from the applicant.

The High Court of Madhya Pradesh considered the Supreme Court order CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No. 1/2020  dated 23.3.2020 to prevent overcrowding in prisons, allowed the application with a personal bond of Rs.75,000/- (Rupees Seventy Five Thousand only) along with a solvent surety of the like amount upon satisfaction of the Chief Judicial Magistrate of the concerned district.

It further directed that the Jail Authorities should observe and conduct Corona Virus test on the applicant. If the test reports are negative, the concerned local administration shall make necessary arrangements for the applicant to his home and in case the test report are positive then he shall be immediately sent for the treatment according to the medical norms 04 M.Cr.C. No.13468/2020.

Also, If the applicant is competent enough to make his personal arrangements, then he shall be released only after taking due travel permission from local administration.

Furthermore, the applicant has been directed to strictly follow all the instructions which are issued by the Central Government, State Govt. or by Local Administration for combating the Covid 19.  Also, if the applicants fails to follow any instruction by the Government or Local Administration the order shall lose its effect and the applicant shall be sent to the same jail from where he was released by the Local Administration or Police Authorities.

The applicant is also the subject to compliance of the following conditions:

1. The applicant will comply with all the terms and conditions of the bond executed by her;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge herself/himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them 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/she is accused; 
5. The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
7. The applicant will inform the SHO of concerned police station about him/his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.