Harishankar And Ors. 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 learned counsel for the parties.

This criminal revision under Section 397 and 401 of Cr.P.C. assails the judgment of the trial Court dated 17/02/2020 passed by I Additional Sessions Judge, Gohad, Distirct Bhind whereby petitioners have been convicted under Sections 326/149 of IPC to undergo two years alongwith fine of Rs. 1000/- each with default stipulation.

Also heard on I.A. No.2028/2020, an application under Section 397(1) of Cr.P.C. for suspension of jail sentence on behalf of the petitioners.

Learned counsel for the petitioners submits that they have been falsely implicated in the matter. The petitioners were on bail during trial and they have not misused the said liberty of bail. It is further submitted that petitioners are in custody since from the date of judgment i.e. 17.02.2020. Hearing of this revision will take sometime, and therefore, the suspension of the jail sentence be suspended and they be released on bail by way of suspension of sentence.

Learned Panel Lawyer for the respondent/State opposed the prayer and prayed for rejection of this application.

Heard learned counsel for the parties at length. Written application and arguments considered.

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 - 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."

After considering the rival submissions as well as considering the peculiar fact situation, wherein, we are facing wrath of pandemic COVIC-19, this Court is of the considered opinion that petitioners deserves to be released on bail. As this Court is not in a position to consider the facts of the case in detail, however, considering the fact in view of Covid19 pandemic and overall facts and circumstance of the case and looking to the submissions and undertaking as given above, without expressing any opinion on the merits, I.A.No.2028/2020 filed on behalf of the aforesaid petitioners is hereby allowed and it is directed that the jail sentence of the aforesaid petitioners will remain under suspension on verification of the fact that whether the fine amount has been deposited or not, on the petitioners' furnishing a personal bail bond of Rs.50,000/- (Rs. Fifty Thousand Only) each with one solvent surety to the satisfaction of the concerned trial Court, for appearance of the aforesaid petitioners before the Principal Registrar of this Registry on 27/11/2020 and thereafter, subsequent dates as may be fixed by the Registry from time to time till disposal of the revision.

The petitioners are directed to furnish surety of Rs.50,000/- to the satisfaction of concerned trial Court within a period of 15 days from the date of beginning of regular functioning of the Court.

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 submit the 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 (COVIC-19) pandemic.

In view of the COVID-19, jail authorities are directed that before releasing the petitioners, medical examination of petitioners 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.

Let record of the court below be called for.