Bhagwan Singh And Others 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 I.A. No.4638/2020 filed u/s. 397 (1) of the Cr.P.C.on behalf of  petitioner no.3-Dharmendra and petitioner no.4- Ravindra.

The petitioners have been convicted under Section 148, 452 of the IPC and sentenced to suffer two-two years RI with a fine of Rs. 1000-1000/- and

under Sec 325/149 of the IPC sentenced to suffer three-three years RI with a fine of Rs. 2000-2000/- with default stipulation.

It is alleged by the counsel for the petitioners that the petitioners were on bail during trial as well as during appellate stage. They have not misused the

liberty granted by the trial court as well as by the appellate court. Now they are in custody since the date of judgment. As per the prosecution story

petitioners along with other co-accused has entered into patore of the complainant wherein petitioners and Lokendra have inflicted injuries by Lathi.

Bhagwan Singh is stated to have inflicted injury by iron rod and when complainant's daughter tried to rescue the complainant then, Dharmendra and

Ravindra inflicted injuries by means of lathi to her daughter. It is alleged that the injuries which were said to be inflicted were simple in nature as found

by the Doctor, but on examination by the radiologist and on perusal of the x-ray report fracture of humerus bone of the injured Munnidevi was found

and in the x-ray of the injured Mamta the fracture in radius bone was found. It is alleged that there are omnibus allegations against all the accused

persons of inflicting injury. It is submitted that the petitioner has already suffered part of sentence during trial and appellate stage. It is argued that

there is nothing on record to show that the petitioners have ever misused the liberty granted by the trial court as well as by the appellate court. They

have already deposited fine amount. They are ready to abide by all the terms and conditions as may be imposed by this Court. The petitioners have

shown their willingness to cooperate in the pandemic situation of COVID-19 and are ready to contribute an amount of Rs.5,000/- each towards the

PM Cares Fund. In such circumstances, learned counsel for the petitioners pray to allow the I.A.

On the other hand, learned Panel Lawyer for the State has opposed the prayer made by counsel for the petitioners and prays for dismissal of this

application.

The Hon'ble Supreme by order dated 23.03.2020 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 fact that the petitioners have shown their willingness to cooperate in the

pandemic situation of COVID-19 and are ready to contribute an amount of Rs.5,000/- each towards the PM Cares Fund and considering the order

passed by the Hon'ble Supreme Court, this Court deems it appropriate to allow this application.

Accordingly, I.A.No.4638/2020, an application for suspension of sentence of the petitioners are allowed. It is ordered that petitioner no.3-Dharmendra

and petitioner no.4-Ravindra be released on bail subject to depositing fine amount on furnishing a personal bond of Rs.50,000/- (Rupees Fifty

Thousand) each with one solvent surety each of the like amount to the satisfaction of the trial court. The petitioners are directed to appear

before the Registry of this Court on 11.12.2020 and on such subsequent dates as may be fixed by the Registry of this Court.

Petitioners shall deposit Rs.5000/- each 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 petitioners are directed to abide by all the terms and conditions. Petitioners shall install Arogya Setu App in their mobile immediately and would

intimate their place of residence to the SHO of concerned Police Station; where they reside. Petitioners further submits their undertaking to the effect

that they 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 petitioners, medical examination shall be undertaken by the jail doctor

and on prima facie, if it is found that they are having the symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise petitioners shall be released immediately on bail and shall be given a pass or permit

for movement to reach their place of residence.

E- copy of this order be provided to the petitioners 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 (I.A.No.4638/2020) stands disposed of.

List for final hearing in the first week of August, 2020.Learned counsel for the petitioners are directed to file the detailed synopsis along with all

the case-laws in support of his arguments.