Manvendra Singh vs State Of Madhya Pradesh

This criminal appeal assails the judgment dated 07.09.2019 passed in S.T. No.03/2018 by Special Judge (Dacoity Act), District Gwalior whereby the appellant has been convicted as under:

Section

Imprisonment

Fine

394 of IPC

5 year R.I.

Rs. 1000/- with default stipulation

11/13 of MPDVPK Act

5 year R.I.

Rs. 1000/- with default stipulation

25(1-B)(A) of Arms Act.

1 year R.I.

Rs. 500/- with default stipulation

I.A. No.3818/2020, second repeat application u/S. 389(1) Cr.P.C. for suspension of sentence moved on behalf of appellant- Manvendra Singh, is taken up and considered.

Learned counsel for the appellant contends that appellant has suffered about 11 months of incarceration as against five years sentence awarded. Similarly placed co-convicted person Rajkumar @ Riddhu has been granted bail by this Court on 21.05.2020 in Cr.A. No.8499/2019.

In view of above and considering the fact that there is no likelihood of early disposal of the appeal in near future and considering the changed scenario in view of the Covid-19 pandemic and that there is no possibility of appellant fleeing from justice, this Court is inclined to grant bail to the appellant by way of suspension of sentence.

Undoubtedly, the appellant is 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 appellant as citizen of nation is obliged to assist the govt. in times of this deep crises by discharging his 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 appellant has been granted bail so that the human resource in shape of the appellant can be utilized for the betterment of the society and to ward off the crises.

Accordingly, without expressing any opinion on merits, I.A. No.3818/2020 is allowed and it is directed that the jail sentence of appellant will remain under suspension subject to verification that the amount of fine has been deposited, on the appellant's furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Magistrate for his appearance before the concerned Magistrate on 25/11/2020 and on such further dates as may be fixed by him which shall be of frequency not less than once a year. In case, appellant is 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 his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the appellant during period of suspension of sentence as a consequence of this order.

The appellant through his counsel undertakes that appellant shall register himself 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 appellant 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 appellant shall rise to the occasion to serve the society in this time of crises to discharge his 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 this order to the concerned District Magistrate for compliance.

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

C.c as per rules.