Awadhesh Kumar Verma vs State Of Madhya Pradesh

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.

Heard on admission.

Being arguable, this appeal is admitted for final hearing.

Heard on I.A.No.1363/2020, application under Section 389 (1) of Cr.P.C for suspension of jail sentence and grant of bail on behalf of the appellant.

This criminal appeal under Section 374 of Cr.P.C has been filed by the appellant against the order dated 31.01.2020, passed in Special Case No.

No.10/2016 by the Special Judge (Prevention & Corruption Act), Bhind, whereby the appellant has been convicted under Section 13(1)(C)(D) of

Prevention of Corruption Act, 1988 (nine counts) and sentenced to undergo 4 years RI with fine of Rs.10,000/- for each offence with default

stipulation.

It is submitted that the appellant has been convicted under Section 13(1)(C)(D) of Prevention and Corruption Act, 1988 in which maximum conviction

is of four years. It is submitted by learned counsel for the appellant that the appellant is aged about 75 years and he is in custody since from the date

of judgment i.e. 30.01.2020. It is further submitted that generally, he remains ill and he is under treatment for medical ailment for which he has filed

medical documents. It is further submitted that there is gross violation of Section 19 of the Prevention and Corruption Act. It is further submitted that

the cognizance has been taken after 8 years of his retirement. Counsel for the appellant further submits that he has filed another application for interim

suspension of sentence i.e. 1556/2020 on the ground of severe illness of the appellant. The fine amount has 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, he prays for interim

suspension of sentence i.e. I.A. No. 1556/2020.

Per contra, learned Panel Lawyer appearing for the respondent/ State has opposed the application and prayed for rejection of the application.

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 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 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.

Accordingly, application for interim suspension of sentence is allowed. The appellant is directed to be released by suspending his sentence for period

of three months for furnishing a personal bail bond of Rs.50,000/- (Rs. Fifty Thousand Only) to the satisfaction of concerning trial Court. 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.

The appellant is at liberty to apply for regular bail/for extending suspension period immediately after 90 days, in case the lockdown is extended, the

Court functioning is not regular.

In view of allowing of interim application, I.A No. 1363/2020 is hereby rejected and I.A. 1556/2020 stands disposed of.

List the case in the week commencing 17.08.2020.

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