Nandkishore Rathore vs State of Madhya Pradesh

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona Virus (COVID-19) and considering the advisories issued by the government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/physical distancing in letter and spirit.

Heard on admission.

This criminal appeal under Section 374 of Cr.P.C has been filed by the appellant against the judgment dated 15.1.2020, passed in S.T.No.6400397 of 2016 by learned III ASJ, Gwalior whereby the appellant has been convicted under Section 120B read with Section 420, 420, 467, 468 and 471 of IPC and sentenced to undergo RI for one year with fine of Rs.1000/-, RI for one year with fine of Rs.1000/-, RI for three years with fine of Rs.3000/-, RI one year with fine of Rs.1000/- and RI three years with fine of Rs.3000/- respectively with default stipulation.

Being arguable, this appeal is admitted for final hearing.

Also heard on I.A. No.6178 of 2020, which is the first application under Section 389 of Cr.P.C for suspension of jail sentence on behalf of the appellant.

Learned counsel for the appellant submits that the appellant remained on bail during trial of the case for about six months and he is in custody since the date of judgment i.e. 15.1.2020 and that he has deposited the fine amount. He submits that this appeal is of the year 2020 and that there is no likelihood of this appeal being listed for final hearing in recent future. He submits that looking to the short term of remaining jail sentence, this appeal becomes infructuous in case the appellant would have suffered the same before this appeal being decided on merits. Counsel for the appellant submits that there is no criminal antecedents of the appellant. The appellant has shown his willingness to serve the national cause by making contribution of Rs.5000/- in PM Care Fund and install Arogya Setu App. Upon these submissions, he prays to allow the I.A.

On the other hand, counsel for the State has opposed the prayer made by counsel for the appellant and prays for dismissal of this application.

The Supreme Court by order dated 23-3-2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed 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 - 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."

Considering the overall facts and circumstances of the case and also the directions issued by the Hon'ble Supreme Court, this Court deems it appropriate to consider the application for grant of bail and suspension of sentence.

Accordingly, application for suspension of sentence is allowed. The appellant is directed to be released by suspending his sentence on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of trial court, subject to verification of depositing the fine amount, if any, for his appearance before Registry of this Court on 21.12.2020 and thereafter on all such other dates as may be fixed in this regard until further orders. Appellant shall deposit Rs.5000/- in PM CARES Fund having Account Number : 2121PM20202, IFSC Code: SBIN0000691, SWIFT Code : SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch within seven working days from the date of release.

The appellant is directed to abide by all the terms and conditions. Appellant shall install Arogya Setu App in their mobile immediately and would intimate his place of residence to the SHO of concerned Police Station; where he resides. Appellant further submits the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic.

In view of the COVID-19, jail authorities are directed that before releasing the appellant, medical examination shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise appellant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.

E- copy of this order be provided to the appellant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.

Application stands disposed of.

Record of the trial court is received, hence, it be listed for final hearing in due course.

Certified copy as per rules.