Bhagwan Singh vs State Of M.P

I.A. No. 10677/2020, an application for urgent hearing, and I.A. No. 10678/2020, an application under Section 5 of Limitation Act, are taken up,

considered and allowed for the reasons mentioned therein and the delay of 3 years 4 months and 5 days in filing this revision is hereby condoned.

The points involved appear to be arguable, hence revision is admitted for final hearing.

Call for the record of the Courts below.

Also, heard on I.A.No.10679/2020, first application under Section 397 (1) of Cr.P.C. for suspension of sentence on behalf of the petitioner.

This criminal revision has been filed against the judgment dated 23/12/2016 passed by First Additional Sessions Judge, Vidisha in Criminal Appeal

No.66/2015 affirming the judgment of conviction and sentence dated 26/2/2015 passed by JMFC, Vidisha in Criminal Case No. 496/2008, by which

the petitioner has been convicted under Section 304-A of the IPC and has been sentenced to undergo rigorous imprisonment of one year with fine of

Rs.2,000/- with default stipulation.

It is submitted by learned counsel for the petitioner that the petitioner has been wrongly convicted by the appellate Court as well as by the trial Court.

It is further submitted that the petitioner is in custody since last one month. As the petitioner was suffering from Bone Cancer and was undergoing

treatment for the same, therefore, he couldn't surrender before the Court below earlier. Hence, prays to suspend the jail sentence of the petitioner. He

further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as

well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical

distancing.

Counsel for the State vehemently opposed the prayer and prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties through video conferencing and perused the materials available on record.

Hon'ble the Supreme Court in the case of    IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO

MOTU W.P. (C) No.1/2020 has issued directions 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€​

Looking to the aforesaid and the fact that petitioner was suffering from Bone cancer because of which he could not appear before the Court below,

without commenting on merits of the case, the application (I.A. No. 10679/2020) is allowed and the remaining jail sentence of the petitioner is

hereby suspended. It is hereby directed that on depositing the fine amount, if not already deposited, the petitioner shall be released on bail on furnishing

personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Â

only) with one solvent surety of the like amount to the satisfaction of the concerned Court. The petitioner is further directed to mark his appearance

before the Office of this Court on 08/12/2020 and on subsequent dates given by the Office in this regard, till final disposal of this revision.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the petitioner, his Corona Virus test shall be conducted and if it

is found negative, then the concerned local administration shall make necessary arrangements for sending the petitioner to his house, and if the test is

found positive then the petitioner shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the petitioner is fit for

release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local

administration. After release, the petitioner is further directed to strictly follow all the instructions which may be issued by the Central Govt./State

Govt. or Local Administration for combating the Covid19. If it is found that the petitioner has violated any of the instructions (whether general or

specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take them in custody and would send them to the same jail from where they were released.

The petitioner is further directed to inform the SHO of concerned police station about his residential address in the said area and it would be the duty

of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.

List the case for final hearing in due course.

E- copy of this order be sent to the Court below concerned for compliance.

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