Karan Singh & Others vs State Of M.P

S.A.Dharmadhikari, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

IA No. 3617/2021, an application for urgent hearing, is considered and allowed

Heard on the question of admission.

Admit.

Record of the trial Court be called for.

Heard on I.A. No. 3618/2021, first application for suspension of sentence and grant of bail.

This appeal has been preferred against the judgment dated 18/01/2021 passed by Additional Sessions Judge, Chachora District Guna (M.P.) in S.T

No. 325/2012 whereby the appellants have been convicted under section 148 and 307/149 of the IPC and sentenced to undergo R.I. for 1 year with

fine of Rs.500/- in default to suffer additional R.I. For two months and three years RI with fine of Rs. 500/- in default to suffer additional RI for three

months respectively.

Learned counsel for the appellants submits that the appellants were on bail during trial and have never misused the liberty so granted. It is submitted

that if released on bail, there is no possibility of their absconsion. An early hearing of this criminal appeal is not possible. Attention has also been

invited to the guidelines issued to all the States and Union Territories by the Apex Court for de-congesting the prisons in suo motu W.P. (C) No.

1/2020 (IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS) to consider release of prisoners who have been convicted or are under trial

for offences for which prescribed punishment is up to 7 years or less by constituting a High Powered Committee. Accordingly, prayer for suspension

of custodial sentence is made.

The prayer is opposed by learned Panel Lawyer.

An early hearing of this case is not possible. Taking into consideration the overall facts and circumstances of the case, the I.A. is allowed

It is, therefore, directed that if appellants deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of

Rs.50,000/-(Rupees fifty thousand Only) each with a solvent surety in the like amount to the satisfaction of trial Court for their appearance before the

Registry of this Court on 05/04/2021 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to them shall

remain suspended till further orders and they shall be released on bail.

The appellants shall install Aarogya Setu App (if not already installed) in their mobile phone and also furnish a written undertaking that they will abide

by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from

time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and

necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

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