Naval @ Dabba vs State Of M.P. And Others

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Since this appeal has been filed within time as per the office report, I.A.No.15355/2020, an application for condonation of delay has rendered infructuous. Accordingly, it is closed.

Heard on the question of admission.

Appeal  seems  to  be  arguable,  hence,  admitted  for  final hearing.

Shri Rohit Shrivastava, Panel Lawyer accepts notice on behalf of the respondent/State.

Record of the trial court be called for.

I.A.No.15352/2020, an application for urgent hearing is considered and allowed.

Also heard on I.A. No.15354/2020, which is first application filed under Section 389 (1) of Cr.P.C. seeking suspension of sentence and grant of bail to the appellant.

This appeal has been preferred against the judgment dated 12.02.2020 passed by the Special Judge (Atrocities) Sheopur (M.P.) in SCATR/28/2019, whereby the appellant has been convicted under Section 325 of IPC read with Section 3(2)(va) of SCST Act and sentenced to undergo R.I. for 2 years with fine of Rs.2,000/- and in default, additional R.I. for two months, under Section 3 (1) (r) of SCST Act and sentenced to undergo R.I. for six months with fine of Rs.1,000/- and in default, additional R.I. for one month, under Section 3 (1) (s) of SCST Act and sentenced to undergo R.I. for six months with fine of Rs.1,000/- and in default, additional R.I. for one month and under Section 190 of IPC read with 3 (2) (va) of SCST Act and sentenced to undergo R.I. for six months with fine of Rs.1,000/- and in default, additional R.I. for one month.

The prosecution story found to be proved is that on 02.05.2019 applicant caused maarpit and abused filthy language i.e. caste related words to the complainant knowing well that the complainant belongs to scheduled caste category.

Learned counsel for the appellant submits that he has wrongly been convicted. It is also submitted that the appellant has suffered about 8 months' incarceration out of the sentence of two years as awarded. Attention has also been invited to the guidelines issued to all the States and Union Territories by the Apex Court for de-congesting the prisons in suo motu W.P. (C) No. 1/2020 (IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS) to consider release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less by constituting a High Powered Committee. It is also submitted that there are fair chances of success of this appeal and the appeal may take long time for its conclusion and the appellant cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the other hand, learned Panel Lawyer appearing on behalf of the respondent/State opposes the aforesaid application and prays for its rejection.

An early hearing of this case is not possible. Taking into consideration the overall facts and circumstances of the case, the I.A. is allowed.

It is, therefore, directed that if appellant furnishes a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 5th January, 2020 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail. The appellant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus and they shall also install Arogya Setu App (If not already installed) in the mobile phone.

Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

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