Manoj Yadav & Anr vs State Of M.P

Matter is heard through Video Conferencing.

I.A. No. 5371/2020, an application for urgent hearing, and I.A. No. 5373/2020, an application under Section 5 of Limitation Act, are taken up,

considered and allowed for the reasons mentioned therein. The delay in filing this criminal appeal is hereby condoned.

Admit.

Call for the record of the Court below.

Also, heard on I.A.No.5372/2020, this is an application under Section 389 (1) of Cr.P.C. for suspension of sentence on behalf of the appellants.

This criminal appeal has been filed against the judgment dated 17/3/2020 passed by Second Additional Sessions Judge, Ashoknagar in Sessions Case

No. 27/2016 by which both the appellants have been convicted under Section 326/34 of the IPC and have been sentenced to undergo rigorous

imprisonment of three years with fine of Rs.2,500/- with default stipulation.

It is submitted by the counsel for the appellants that the appellants have been wrongly convicted by the trial Court. There are lots of contradictions and

omissions in the evidence of the prosecution witnesses. It is further submitted that the trial Court has already suspended the jail sentence of the

appellants for a period of one month and the fine amount has already been deposited. Therefore, prays to suspend the jail sentence of the appellants.

They further undertake to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government

as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical

distancing.

Counsel for the State vehemently opposed the prayer and prayed to reject the application filed by the appellants for suspension of jail sentence and

grant of bail.

Heard learned counsel for the parties through video conferencing and perused the materials available on record.

Hon'ble the Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020 has

issued directions to 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€​

Looking to the aforesaid, the short period of jail sentence and the fact that the trial Court has already suspended the jail sentence of the appellants,

without commenting on merits of the case, the application (I.A. No. 5372/2020) is allowed and the remaining jail sentence of appellants Manoj Yadav

and Roop Singh Yadav is hereby suspended. It is hereby directed that the appellants shall be released on bail on each of them furnishing personal

bond of Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Court.

The appellants are further directed to mark their appearance before the Office of this Court on 10/12/2020 and on subsequent dates given by the

Office in this regard, till final disposal of this appeal.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the appellants, their Corona Virus test shall be conducted and if

it is found negative, then the concerned local administration shall make necessary arrangements for sending the appellant (s) to his house, and if the

test is found positive then the appellant (s) shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the appellant

(s) is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from

local administration. After release, the appellants are further directed to strictly follow all the instructions which may be issued by the Central

Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the appellants have violated any of the instructions (whether

general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take them in custody and would send them to the same jail from where they were released.

The appellants are further directed to inform the SHO of concerned police station about their residential address in the said area and it would be the

duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.

List the case for final hearing in due course.

E- copy of this order be sent to the Court below concerned for compliance.

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

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