Balkishan Alias Maharaj vs State Of MP

In pursuance of the directions issued by the Apex Court and Hon'ble the Chief Justice 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 admission.

Admit.

Shri Purushottam Rai, Panel Lawyer accepts notice on behalf of the respondent/State.

Record of the trial Court be called for.

Heard on I.A. No.2545/2020, which is first application for suspension of sentence and grant of bail to the appellant.

This appeal has been preferred against the judgment dated 26/02/2020 passed by Special Judge (under the SC/ST Act), Vidisha in Special Sessions

Case No.98/2018 whereby the appellant has been convicted under Sections 363, 366A and 368 of the IPC and sentenced only under section 366A of

the IPC to undergo R.I. for 3 years and to pay fine of Rs.1000/- in default to suffer additional imprisonment for 6 months.

Learned counsel for the appellant submits that out of 3 years, appellant has already suffered about 1 year and 5 months of incarceration. It is further

submitted that disposal of this appeal is likely to take time and in view of COVID-19 outbreak, detention of appellant in already congested prisons may

be detrimental. With the aforesaid submissions, prayer for suspension of sentence is made.

The prayer is opposed by learned Panel Lawyer.

Taking into consideration the period of sentence already undergone in the light of judgment of the Apex Court in the case of Kamal Vs. State of

Haryana ((2006)1 SCC (Cri) 757), the I.A. is allowed

It is, therefore, directed that if appellant namely Balkishan alias Maharaj deposits the entire fine amount, if not already deposited, and furnishes a

personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) with a solvent surety in the like amount to the satisfaction of trial Court for his

appearance before the Registry of this Court on 14th December, 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 install Aarogya Setu App

(if not already installed) in his mobile phone and 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.

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.