Dhannu Saraswat 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 admission.

This criminal appeal under Section 374 of Cr.P.C has been filed by the appellant against the judgment and order of sentence dated 30.12.2017 and

16.02.2018 passed in S.T.No. 600219/2011 by learned Fourth Additional Sessions Judge, Gwalior, whereby the appellant has been convicted u/S. 307

of IPC and sentenced to undergo five years' R.I. with fine of Rs.10,000/- and in default of payment of fine, five months' additional R.I.

Heard on I.A. No.4487 of 2020, which is the fifth application under Section 389 of Cr.P.C for suspension of jail sentence on behalf of the appellant.

Learned counsel for the appellant submits that the appellant is in custody from 30.12.2017, the date of impugned judgment. He has already remained in

custody during trial for two months. The appellant is ready to abide by all the terms and conditions which may be imposed by this court while

considering the application for suspension of jail sentence and grant of bail. He has shown his willingness to contribute an amount of Rs.10,000/- in

PM Cares Fund in this covid-19 pandemic scenario. The fine amount has been deposited. On these grounds, counsel for the appellant prays for

suspension of jail sentence and grant of bail.

Per contra, learned Panel Lawyer for the State opposed the application and prayed for rejection of the suspension application.

The Supreme Court by order dated 23-3-2020 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 also the directions issued by the Hon'ble Supreme Court, this Court deems it

appropriate to consider the application for grant of bail and suspension of sentence.

Accordingly, application for suspension of sentence is allowed. The appellant is directed to be released by suspending his sentence on furnishing a

personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of trial court, subject

to verification of depositing the fine amount, if any, for his appearance before Registry of this Court on 21.12.2020 and thereafter on all such other

dates as may be fixed in this regard until further orders. The appellant is directed to abide by all the terms and conditions.

The appellant shall deposit Rs.10,000/- 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.

Appellant shall install Arogya Setu App in his mobile immediately and would intimate his place of residence to the SHO of concerned Police Station;

where he resides. Appellant further submits the undertaking to the effect that he 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 appellant, medical examination shall be undertaken by the jail doctor

and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or

any test if required, be ensured, otherwise appellant shall be released immediately on bail and shall be given a pass or permit for movement to reach

his place of residence.

E- copy of this order be provided to the appellant 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.4487/2020) stands disposed of.