In a first, the Madhya Pradesh High Court on Monday allowed a bail application moved by accused under the SC & ST Act while directing them to register themselves as "COVID-19 Warriors" and work in the "COVID-19 Disaster Management", as per directions of the concerned District Magistrate.
The order has been passed by Justice Sheel Nagu of the Gwalior Bench, while observing that the human resource in shape of young-aged Appellants could be utilized for the betterment of the society and to ward off the crises.
"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)," Justice Nagu observed.
Accordingly he imposed the following condition,
"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."
The court was hearing an appeal against the order passed by the Special Judge (Atrocities), whereby the application preferred by the present Appellants u/S 439 of CrPC had been rejected.
Setting aside the impugned order, the court observed,
"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."
The court noted that the Appellants did not appear to have any criminal antecedents nor any material placed was on record to disclose the possibility of the Appellants fleeing from justice. Therefore, the court directed that the Appellant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- each with one solvent surety of the like amount to the satisfaction of the concerned Trial Court.
Case Title: Badal Singh & Ors. v. State of MP & Anr.
Case No.: CrA No. 2929/2020
Quorum: Justice Sheel Nagu
Appearance: Advocate Prashant Sharma (for Appellants); Public Prosecutor Aditya Singh Ghuraiya (for Respondents)
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