JUDGMENT 1. Heard on I.A. No. 1976/2020, an application under Section 397(1) of Cr.P.C. for suspension of jail sentence on behalf of the applicant. 2. The applicant has been convicted under Section 354 of IPC and sentenced to undergo 1 year's RI with fine of Rs.200/- with default stipulation. 3. Learned counsel for the applicant submits that the applicant is reputed citizen of the locality who was on bail during trial and appeal and he did not misuse the said liberty. He has suffered almost four months of incarceration and looking to the prevailing situation of pandemic Covid -19, lenient view be taken, keeping in view the period of conviction which is only 1 year. It is further submitted that eye-witness Gayatri (PW-3) did not support the story of prosecution in categorical terms. Fine amount has already been deposited by the applicant before the trial Court. There are fair chances of success of this revision and if the application is not allowed then the revision filed by the applicant may turn infructuous . Hearing of revision would take time. He further undertakes to serve National Interest by downloading Arogya Setu App and contributing in PM CARES Fund . Under these circumstances, the applicant pray for bail and suspension of execution of jail sentence. 4. Learned Public Prosecutor opposed the application and prayed for its dismissal. 5. Heard learned counsel for the parties through videoconferencing. 3. 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 Level 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 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. 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 under trial 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." 4. After considering the rival submissions as well as considering the peculiar fact situation, wherein, we are facing wrath of pendamic COVID-19, this Court is of the considered opinion that applicant deserves to be released on bail. Accordingly, I.A.No.1976/2020 is hereby allowed. 5. If the applicant furnishes personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) to the satisfaction of the trial Court that he shall appear before the Principal Registrar of this Court on 04-12-2020 and on all other subsequent dates as may be fixed by the Office for appearance, then the applicant shall be released on bail and execution of jail sentence is suspended till disposal of this revision, subject to payment of fine and that he will have to install Arogya Setu App , if it can be downloaded in his phone and shall deposit Rs.500/- in PM CARES Fund having Account Number : 2121PM20202, IFSC Code: SBIN0000691, SWIFT Code: SBININBB104, Name of Bank & Branch : State Bank of India , New Delhi Main Branch. Bail bond shall be furnished within one and half month as and when situation moves out of Lock-down. 6. In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his preliminary Corona Virus test shall be conducted and if he is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if he is found positive then the applicant shall be immediately sent to concerned hospital for his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, 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 the Covid- 19. 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 sent him to the same jail from where he was released. 7. Let record of the Courts below be requisitioned and thereafter list this matter for hearing on admission. 8. E- copy o f this order be sent to the trial Court concerned for compliance, if possible, for the office of this Court. Certified copy/ e-copy as per rules/directions.