Banti @ Khagendra & Ors. 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.

I.A. No. 10840/2020, I.A. No. 8214/2020 & I.A. No. 16209/2020, applications for urgent hearing are taken up, considered and allowed for the reasons mentioned therein.

Also heard on I.A. No. 16210/2020, an application for interim suspension of sentence and grant of bail filed on behalf of the appellant No. 2/ Ramkumar.

This appeal has been preferred against the judgment dated 09/01/2018 passed by 1st Additional Sessions Judge, Dabra, District Gwalior in S.T. No. 47/2015, whereby the appellant No. 2 has been convicted under Section 302/34 of IPC and sentenced to undergo life imprisonment and fine of Rs. 5,000/- with default stipulation. His regular application for suspension of sentence is pending.

Learned counsel for the appellants submits that appellant No. 2/Ramkumar's father namely Chutan @ Kailash Sahu had died on 12/09/2020 and, therefore, being son of his late father, he is required to attend the Thriyodashi ceremony of his late father scheduled to be held on 25/09/2020 and also to perform certain last rites function. In such circumstances and also looking to COVID - 2019, it is prayed that appellant No. 2 may be released on interim bail for a period of one month.

On 16/09/2020, this Court had directed State counsel to verify the factum of death of father of the appellant No. 2/Ramkumar and submit the report before this Court. Today, learned State counsel informs this Court that he has verified the factum of death of father of appellant No. 2/Ramkumar and the same is found to be correct.

Taking into consideration the facts and circumstances of the case and COVID - 2019 and also the fact that factum of death of father of appellant No. 2/Ramkumar has already been verified by learned State counsel, this Court is inclined to release the appellant No. 2/Ramkumar on interim bail from 24/09/2020 to 04/10/2020 and he shall surrender before the court below on 05/10/2020.

It is directed that if appellant No. 2/Ramkumar furnishes bond in the sum of Rs. 1,00,000/- (Rs. One Lakh Only) with two surety bonds of like amount to the satisfaction of trial court that after completion of period of bail, he shall surrender before the trial court then he shall be released on bail from 24/09/2020 to 04/10/2020 and he shall surrender before the court below on 05/10/2020. The appellant No. 2/Ramkumar 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. The appellant No. 2/Ramkumar shall install Arogya Setu App.(If not already installed) in the mobile phone.

Learned counsel for the respondent 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.

Documents relating to surrender of the appellant No. 2/Ramkumar together with an affidavit stating that he has attended the Thriyodashi ceremony of his late father for which interim suspension of sentence is being granted, shall be filed by the appellant No. 2/Ramkumar on 08/10/2020 before the registry of this Court.

List this matter before regular Bench immediately, whenever court starts functioning.

With the aforesaid direction, I.A. No. 16210/2020 is hereby disposed of.

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