Arvind Prajapati vs State Of M.P.

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 counsel through video conferencing, following the norms of social distancing/physical distancing in letter and spirit.

Heard on admission.

Being arguable, this appeal is admitted for final hearing in due course.

Heard on I.A.No.11025/2020, application under Section 389 of Cr.P.C for suspension of jail sentence and grant of bail on behalf of the appellant

Arvind Prajapati who stood convicted under Section 307 of IPC and sentenced to undergo seven years RI with fine of Rs.2000/- with default

stipulation.

It is submitted by counsel for the appellant that the appellant is in custody since the date of judgment i.e. 30.07.2019 and he remained in custody for a

period of one year and two and half months. He remained on bail also during trial but he has never misused the liberty granted to him. He expressed

his willingness to serve the national cause by making contribution of Rs.5000/- in PM Care Fund and install Arogya Setu App. On these grounds,

the appellant prayed for suspension of jail sentence and grant of bail.

Per contra, learned counsel for State has opposed the prayer.

Heard learned counsel for the parties and perused the record.

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 â€" 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.â€​

Considering the overall facts and circumstances of the case and looking to the custody period coupled with the directions issued by the Hon'ble

Supreme Court and the factum of COVID 19 pandemic, this Court deems it appropriate to consider the application for grant of bail and suspension of

sentence.

Accordingly, application for suspension of sentence is allowed.

The jail sentence of appellant Arvind Prajapati shall remain suspended and he be released on bail on furnishing a personal bond in the sum of

Rs.50,000/- (Rs. Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of concerning trial Court for his appearance

before Registry of this court on 19.1.2021 and thereafter on all other dates as may be fixed by the office. The appellant shall deposit Rs.5,000/-

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 within seven working days from the date of release.

The appellant is further directed to abide by all the terms and conditions. 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 (COVID-19) pandemic.

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.

Certified copy as per rules.