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Madhya Pradesh High Court · body

2020 DIGILAW 574 (MP)

Sultan And Others v. State Of M. P.

2020-05-14

VISHAL MISHRA

body2020
JUDGMENT 1. In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit. 2. Heard on I.A. No. 2583/2020, an application for deleting the name of appellant No.2-Laluram from the array of cause title of appeal memo. 3. It is informed that during pendency of the appeal, appellant No.2-Laluram has expired on 31.12.2019. 4. In view of aforesaid, State counsel is directed to verify the aforesaid fact by the next date of hearing. 5. List this case in the week commencing 27.07.2020. 6. Also, heard on I.A.No. 6784/2019 , application under Section 389 (1) of Cr.P.C for suspension of jail sentence and grant of bail on behalf of the appellant No.3-Brajnandan. 7. This criminal appeal under Section 374 of Cr.P.C has been filed by the appellant against the order dated 03.01.2005, passed in S.T. No.88/2000 by the Sessions Judge, Datia, whereby the appellant No. 3 has been convicted under Section 147, 304(1) and 34 of IPC and sentenced to undergo 6 months and 10 years RI respectively. 8. It is submitted that in pursuance to the order dated 25.07.2019, the suspension order dated 11.07.2005 of appellant No. 3 has been recalled by this Court and issued arrest warrant. 9. It is seen from the note sheet dated 16.08.2019, in compliance of order dated 25.07.2019, appellant No. 3 has been arrested by the police squad and appeared before the Principal Registrar of this Court on 16.08.2019 and he has been directed to appear before this Court on 16.09.2019 and since then he is in custody. It is further submitted that looking to the present scenario of COVID-19 and in terms of the guidelines issued by the Hon'ble Supreme Court, he prays for suspension of sentence. 10. Per contra, learned Panel Lawyer appearing for the respondent/ State has opposed the application. 11. It is further submitted that looking to the present scenario of COVID-19 and in terms of the guidelines issued by the Hon'ble Supreme Court, he prays for suspension of sentence. 10. Per contra, learned Panel Lawyer appearing for the respondent/ State has opposed the application. 11. Considering the alarming situation of Novel Corona Virus (COVID- 19), this Court deems it appropriate to allow this application for grant of bail and taking into consideration the directions issued by the Hon'ble Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020 and directions have been issued to 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. 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." 12. Considering the overall facts and circumstances of the case and also the directions issued by the Hon'ble Supreme Court, this Court deems it appropriate to consider the application for grant of bail and suspension of sentence. 13. Accordingly, application for suspension of sentence is allowed. The appellant is directed to be released by suspending his sentence furnishing a personal bail bond of Rs.50,000/- (Rs. Fifty Thousand Only) with a further direction to submit surety Rs.50,000/- to the satisfaction of concerning CJM within a period of 15 days from the date of regular functioning of the Courts. 14. The appellant is directed to appear before the Principal Registrar of this Registry for his presence on 27.11.2020 and thereafter, subsequent dates as may be fixed by the Registry from time to time till disposal of the appeal. The appellant is further directed to abide by all the terms and conditions. 15. Appellant shall install Arogya Setu App in his mobile immediately and would intimate his place of residence to the SHO of concerned Police Station; where he resides. Appellant further submit the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic. 16. In view of the COVID-19, jail authorities are directed that before releasing the appellant, medical examination of appellant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise appellant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence. E- copy of this order be provided to the appellant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order. Application stands disposed of.