Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 575 (MP)

Jugraj And Others v. State Of Madhya Pradesh And Others

2020-05-14

VISHAL MISHRA

body2020
JUDGMENT 1. Heard on I.A.No.2993/2020 , application under Section 389 (1) of Cr.P.C for suspension of jail sentence and grant of bail on behalf of the appellant. 2. This criminal appeal under Section 14(A) of SC/ST Act, 1989 read with Sec. 374 of Cr.P.C has been filed by the appellant against the order dated 19.03.2020, passed in Special STCATR No. 30/2017 by the Special Judge (Atrocities), Sheopur, whereby the appellants have been convicted and sentenced as under:- Appellants Sections Conviction (RI) Fine amount (Rs.) Default stipulation Appellant No.1 and 2 294 IPC 4-4 months 200/- 3 months 323 IPC 4-4 months 200/- 1 month 323/149 IPC 4-4 months 200/- 1 month 148 6-6 months 200/- 1 month 190 IPC 4-4 months 200/- 1 month 337 IPC 3-3 months -- -- 3(1)(r) SC/ST Act 6-6 months 200/- 1 month 3(1)(s) SC/ST Act 6-6 months 200/- 1 month 3(1)(v-a) SC/ST Act 6-6 months 200/- 1 month Appellant No.3 Babulal @ Babu 294 IPC 4-4 months 200/- 3 months 323 IPC 4-4 months 200/- 1 month 323/149 IPC 4-4 months 200/- 1 month 148 6-6 months 200/- 1 month 190 IPC 4-4 months 200/- 1 month 3(1)(r) SC/ST Act 6-6 months 200/- 1 month 3(1)(s) SC/ST Act 6-6 months 200/- 1 month 3(1)(v-a) SC/ST Act 6-6 months 200/- 1 month Appellants No. 4, 5, 6, and 7 294 IPC -4 months 200/- 3 months 323 IPC 4-4 months 200/- 1 month 323/149 IPC 4-4 months 200/- 1 month 148 6-6 months 200/- 1 month 190 IPC 4-4 months 200/- 1 month 3(1)(r) SC/ST Act 6-6 months 200/- 1 month 3(1)(s) SC/ST Act 6-6 months 200/- 1 month 3(1)(v-a) SC/ST Act 6-6 months 200/- 1 month 3. Learned counsel for the appellants submits that the appellants were on bail during trial and they have not misused the said liberty of bail. Their impugned sentence have already been suspended by the trial court for a period of one month and subsequently, they have been extended suspension of sentence upto June, 2020 looking to the pandemic situation of COVID-19. The amount of fine have already been deposited. 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, they prays for suspension of sentence. 4. Per contra, learned Panel Lawyer appearing for the respondent/ State has opposed the application. 5. The amount of fine have already been deposited. 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, they prays for suspension of sentence. 4. Per contra, learned Panel Lawyer appearing for the respondent/ State has opposed the application. 5. 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." 6. 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. 7. Accordingly, application for suspension of sentence is allowed subject to verification of the statement given by the counsel for the appellants. The appellants are directed to be released by suspending their sentence furnishing a personal bail bond of Rs.50,000/- (Rs. Fifty Thousand Only) each with a further direction to submit surety Rs.50,000/- each to the satisfaction of concerning CJM within a period of 15 days from the date of regular functioning of the Courts. The appellants are directed to appear before the Principal Registrar of this Registry for their 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. Application stands disposed of.