Chain Singh vs State Of Madhya Pradesh

On account of prevailing conditions worldwide, brought about by the COVID-19 virus the revision application has been heard through video conferencing in order to maintain social distancing. The necessary parties have effectively been represented by their respective counsel via video conferencing.

Heard on admission.

Perused the record.

The revision application is admitted for final hearing. Also heard on I.A. No.5836/2020 , which is an application for suspension of sentence and grant of bail to the applicant. This is a revision against conviction and sentence. The applicant has been convicted under Section 304-A of the IPC and sentenced to undergo rigorous imprisonment for 2 years and fine of Rs.2000/-.

Learned counsel for the applicant submits that the applicant is in jail from the date of passing of the judgment by the appellate court.

It is further submitted that the applicant has remained in jail during trial and appeal also.

Learned counsel for the applicant has stated that the applicant is in jail since 06.09.2019 and undergone the jail sentence for more than 3 months.

Learned counsel for the State has opposed the prayer for grant of bail and submitted that both the courts have convicted and sentenced the applicant.

However, considering the arguments of the learned counsel for the applicant and taking into consideration the fact that the applicant has undergone the substantial period of custody, I am of the view that the applicant is entitled for suspension of sentence and grant of bail.

Accordingly, it is directed that the execution of the jail sentence of the applicant Chain Singh, shall remain suspended during pendency of the present revision application and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rs. Fifty thousand ) with one solvent surety in the like amount to the satisfaction of the trial Court for his further appearance before the Registry of this Court on 25.09.2020 and on such dates as may be fixed by the Registry in this regard.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU â€ÂÂ" W.P. (C) No.1/2020 and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

A typed copy of this order is being forwarded to the Office of the Advocate General and to Shri Shivam Hazare, learned Panel Lawyer, on their respective e-mail addresses. The Office is requested to forward a copy of this order to the learned Court below.

The I.A. No.5836/2020 stands disposed of.

List the matter for final hearing in due course.

C.c. as per rules.