Arvind Lodhi vs State of M.P

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Heard on I.A. No.10578/2019, which is the first application for suspension of sentence and grant of bail to appellant.

This appeal has been preferred against the judgment dated 11/05/2019 passed by Special Judge, (MPDVPK Act) Pichhore District Shivpuri (M.P.) in

Special Case No. 400085/2014, whereby the appellant has been convicted under Sections 398 of the IPC Read With Section 11/13 of the MPDVPK

Act and Section 25(1-B)A of the Arms Act and sentenced to undergo R.I. for seven years RI and two years RI with fine of Rs. 1000/- and Rs.

1000/- and in default, additional simple imprisonment for six and three months respectively.

Learned counsel for the appellant submits that he has wrongly been convicted. During trial he was on bail and he did not misuse the liberty so granted.

It is also submitted that he has suffered near about 21 months out of the sentence awarded. Attention has also been invited to the guidelines issued to

all the States and Union Territories by the Apex Court for de-congesting the prisons in suo motu W.P.(C) No. 1/2020 (IN RE : CONTAGION OF

COVID 19 VIRUS IN PRISONS) to consider release of prisoners who have been convicted or are under trial for offences for which prescribed

punishment is up to 7 years or less by constituting a High Powered Committee. It is also submitted that there are fair chances of success of this

appeal and the appeal may take long time for its conclusion and the appellant cannot be kept in custody for an unlimited period. Under these

circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the other hand, learned Panel Lawyer appearing on behalf of the respondent/State opposes the aforesaid application and prays for its rejection.

At this stage, learned counsel for the appellant volunteered to deposit an amount of Rs.5000/- (Rupees Five Thousand Only) in Prime Minister

Citizen Assistance and Relief in Emergency Situation Fund (PM Cares Fund).

An early hearing of this case is not possible. Taking into consideration the overall facts and circumstances of the case, the I.A. is allowed. It is,

therefore, directed that if appellant furnishes a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like

amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 23th November, 2020 and on such subsequent dates

as may be fixed in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

The appellant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the

Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene

etc. to avoid proliferation of Corona virus and he shall also install Arogya Setu App (If not already installed) in the mobile phone.

It is made clear that benefit of bail shall be extended to the appellant only on depositing an amount of Rs.5000/- (Rupees Five thousand only) in

the Prime Minister Citizen Assistance and Relief in Emergency Situation Fund (PM Cares Fund )T.he appellant shall submit an attested

copy of its receipt before the concerning Court for keeping the same on record of the case.

Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and

necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

Certified copy/e-copy as per rules/directions.