Mohan Shivhare vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard through video conferencing.

I.A. No. 4022/2020, first application filed u/S. 389 of Cr.P.C. on behalf of appellant - Mohan Shivhare for suspension of sentence and grant of bail is taken up and considered.

This Criminal appeal assails the judgment dated 04/03/2020 passed in Special Case No. SC NDPS/05/2018 by Special Judge (NDPS, Act), District Bhind (M.P.), whereby the appellant-Mohan Shivhare has been convicted as under with default stipulation:-

Section

Imprisonment

Fine

Section 8 (c) read with Section 21 (b) of NDPS Act

4 Years' R.I

Rs. 10,000/- with default stipulation

Appellant has been sentenced with four years R.I. under the aforementioned offence and is said to have suffered about two years and three months of incarceration which is more than half of the awarded sentence.

In  view  of  above  and  looking  to  the  ongoing  Covid-19 pandemic crises and that there is no likelihood of early disposal of the present appeal in the near future, without entering into the merits of the matter, 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 citizen. 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, IA.4022/2020 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 appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Magistrate for his appearance before the concerned Magistrate on 15.12.2020 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.

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 information.

C.c as per rules.