Brajesh @ Bijju vs State Of Madhya Pradesh

Matter is heard through video conferencing.

Record of the Courts below has been received.

Heard on the question of admission.

Revision is admitted for final hearing.

Also, heard on I.A.No.3444/2020, an application for suspension of sentence and grant of bail to the applicant/accused.

T he revision has been preferred by the applicant against judgment dated 12.02.2020 passed by learned Additional Sessions Judge, Pawai, District-Panna in Criminal Appeal No.1142/2019 whereby the learned Appellate Court has dismissed the appeal and affirmed the judgment and conviction order dated 26.02.2019, passed in Criminal Case No.114/2015 passed by Presiding Judge, J.M.F.C. Pawai, District-Panna.

Applicant stands convicted for an offence punishable under Section 457 of the IPC and has been sentenced to undergo RI for 1 year with fine of Rs.200/- with default stipulation and Section 380 of the IPC and has been sentenced to undergo RI for 1 year with fine of Rs.200/- with default stipulation.

As per prosecution case, on 13.03.2015 complainant-Rakesh Jain left his mill due to some personal work. On 16.03.2015 when complainant reached his mill then he found that door of his mill was opened and 12 bags of rice weighing 50 kg of rice in each bags valuing Rs. 18,000/-, one colour T.V. valuing Rs.3500/-, one receiver valuing Rs.800/- and one cutter machine valuing Rs.1500/- were theft by some unknown person. During search, he found that the present applicant was entered into the said mill and stolen the said articles and goods. Thereafter, on the report of the complainant, a case has been registered against the present applicant for the alleged offences.

Learned counsel for the applicant submits that the applicant is in jail since 12.02.2020 and during trial he remained in jail since 17.03.2015 to 01.04.2015, so applicant has undergone the substantial part of his imprisonment. Present applicant has been falsely implicated in this case. As per seizure memo ExP/5 and P/6, 06 quintals of rice contained in 12 bags, one Uptron T.V. and receiver were seized from the possession of the present applicant, but there is no eye witness available on record, who saw that the present applicant stolen the aforesaid articles and goods from the complainant's mill. Identification Parade is not proper. Present applicant has not committed any offence. There are many contradictions, omissions and improvements in the version of the prosecution witnesses. There is fair chances to succeed in the case. Final hearing of this revision will take time. This revision is of year 2020 and revision will take time to conclude due to COVID-19. There is no likelihood of his absconding. Under the circumstances, if the sentence of the applicant is not suspended, his right to file revision will be futile. Hence, prayer is made for suspension of his jail sentence and grant of bail.

Learned P.L. has opposed the application and prayed for its rejection. Having considered the arguments advanced by learned counsel for the parties, on perusal of the record, there is no likelihood of his absconding, applicant is in jail since 12.02.2020 and during trial he remained in jail since 17.03.2015 to 01.04.2015 also this fact that applicant has undergone the substantial part of his imprisonment, this revision is of year 2020, final hearing of this revision will take time, but without commenting anything on the merit of the case, the said I.A. No.3444/2020 is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the applicant/accused, namely, Brajesh @ Bijju shall remain suspended during the pendency of this revision and he may be released on bail on his furnishing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial court on 27.07.2020 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the appellant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-

The Jail Authority shall ensure the medical examination of the applicants by the jail doctor before his release.

2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing them in appropriate quarantine facility.

List this matter for final hearing in due course. C.C. as per rules.