Awadhesh Kumar Verma 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.

Learned counsel for the appellant prays for withdrawal of I.A.No.11781 of 2020 an application for interim suspension of sentence.

Prayer allowed.

This application is dismissed as withdrawn.

Heard on I.A. No.11779/2020, an application under Section 389 (1) of Cr.P.C for suspension of jail sentence on behalf of the appellant who stood convicted by the order dated 30.1.2020 passed by Special Judge, (under PC Act), in Special Sessions Trial No. 10/16 under Section 13(1) (C) (D) of P.C. Act (Nine counts) and sentenced to undergo four years RI with fine of Rs.10,000/- (Nine counts) with default stipulation.

It is submitted by counsel for the appellant that the appellant is a man of 74 years of age and suffering from various old age related diseases. His medical report was called pertaining to his health status, in which, he was found to have been suffering from multiple ailments. The appellant is in custody since the date of judgment i.e. 30.1.2020. He also remained in custody during trial. The appellant remained on bail during trial but he never misused the liberty granted to him. This appeal is of the year 2020 and there is no likelihood of this appeal being heard early. He further submits that the appellant has already deposited the fine amount. Appellant is ready to abide with all the conditions which may be imposed by this court while considering this bail application. He has expressed his willingness to deposit Rs.10000/- in the PM Cares Fund. Hence, the appellant prayed for suspension of sentence and grant of bail.

Per contra, learned counsel for State has opposed the application and prayed for its rejection.

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 - 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."

Considering the overall facts and circumstances of the case as well as pandemic situation of COVID-19, this Court deems it appropriate to consider the application for grant of suspension of sentence.

Accordingly, application for suspension of sentence is allowed. Subject to deposit of fine as imposed by the trial court, if not already deposited, jail sentence of appellant shall remained suspended till final disposal of this appeal and the appellant is directed to be released on bail on furnishing a personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent sureties to the satisfaction of trial Court, for his appearance before Registry of this Court on 22.01.2021 and thereafter on all subsequent dates as may be fixed by the office. The appellant shall deposit Rs.10,000/-, 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. He 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. He shall further submit an 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.

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 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.

This is an admitted appeal, hence, it be listed for final hearing in due course.