Makhan vs State Of Madhya Pradesh

This criminal appeal assails the judgment dated 19.03.2018 passed in S.T.No.184/2016 by IInd Additional Sessions Judge Guna whereby appellant No.1-Makhan and appellant No.2-Satyabhan have been convicted as under:

Section

Imprisonment

Fine

397 of IPC

7 Years R.I.

Rs. 5,000/- with  default  stipulation

I.A.No.5597/2020, 3rd repeat application u/S. 389(1) Cr.P.C. for suspension of sentence moved on behalf of appellant No.1-Makhan and I.A. No.5182/2020, 3rd repeat application for suspension of sentence moved on behalf of appellant No.2-Satyabhan are taken up and considered.

As against seven years' R.I. awarded, appellant No.1-Makhan has suffered about two years and six months and appellant No.2-Satyabhan has suffered about two years and five months of incarceration.

In view of decision of the Apex Court in the case of Kamal Vs. State of Haryana reported in 2006(1) SCC(Cri) 757 which lays down that in matters where fixed period of sentence is awarded, convicted person can be released on bail after undergoing substantial period of sentence.

In view of the above facts, in the considered opinion of this court, since appellant No.1-Makhan and appellant No.2-Satyabhan have suffered substantial period of sentence and further looking to the fact that there is no likelihood of early disposal of the appeal in near future and in the special circumstance of Covid-19 pandemic, this Court is inclined to grant bail to appellant No.1-Makhan and appellant No.2-Satyabhan by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A. No. 5597/20 and I.A. No.5182/20 are allowed and it is directed that the jail sentence of appellant No.1-Makhan and appellant No.2-Satyabhan will remain under suspension subject to verification that the amount of fine has been deposited, on the appellants' furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety of the like amount to the satisfaction of concerned Magistrate for their appearance before the concerned Magistrate on 14/12/2020 and on such further dates as may be fixed by him which shall be of frequency not less than once in a year.

In case, appellants are found absent on any date fixed by the concerned Magistrate then the said Magistrate shall be free to issue and execute warrant of arrest for securing their presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

Undoubtedly, both the appellants are young/middle aged/able bodied responsible citizens. In the present time where the entire humanity is struggling to survive against the Covid-19 pandemic the governmental machinery is experiencing extreme shortage of hands in the process of disaster management, the appellants as citizen of nation are obliged to assist the govt. in times of this deep crises by discharging their fundamental duty enshrined under Article 51-A(d) which reads thus:-

"51A. Fundamental duties. - It shall be the duty of every citizen of India -

(a). XXX-XXX-XXX

(b). XXX-XXX-XXX

(c). XXX-XXX-XXX

(d). to defend the country and render national service when called upon to do so;"

Accordingly, this Court deems it appropriate to pass suitable order prescribing it to be a part of one of the conditions subject to which appellants have been granted bail so that the human resource in shape of the appellants can be utilized for the betterment of the society and to ward off the crises.

The appellants through their counsel undertake that appellants shall register themselves with the District Magistrate concerned as "Covid-19 Warriors" by entering his name in a Register named as COVID-19 WARRIOR REGISTER to be maintained in the o/o the concerned DM who in turn shall assign work to appellants of Covid-19 disaster management at the discretion of District Magistrate, by taking all prescribed precautions. The nature, quantum and duration of the work assigned is left to the the wisdom of District Magistrate, concerned. This Court expects that the appellants shall rise to the occasion to serve the society in this time of crises to discharge their fundamental duty of rendering national service when called upon to do so, as per Article 51-A(d) of the Constitution.

Registry is directed to communicate about the passing of this order to the concerned District Magistrate for compliance.

The District Magistrate concerned is directed to intimate this Court in case the said condition is not complied with and on receipt of any such intimation, Registry is directed to list the matter before appropriate bench as PUD.

A copy of this order be sent to the Court concerned for compliance.

C.c as per rules.