Pawan Kumar Seni And Another vs State Of M.P

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.

This criminal appeal under Section 374 of Cr.P.C has been filed by the appellants against the judgment dated 31.08.2019, passed in Criminal Case

No.543/2018 by the forth Additional Sessions Judge, Gwalior, whereby the appellant has been convicted under Sections, 120-B, 419, 467, 468 and 471

of IPC and Sec. 4 of M.P. Manyata Prapt Pariksha Adhiniyam and sentenced to undergo 1 year RI, 3 years RI, 5 years RI, 3 years RI, 5 years RI

and 1 year RI with fine of Rs.500/-, Rs.500/-, Rs.1000/-, Rs.500/-, Rs.1000/- and Rs.500/-with default stipulation.

Also heard on I.A. No.7854/2020, an application under Section 389 of Cr.P.C. for extension of time of suspension of jail sentence, earlier granted vide

order dated 21.5.2020, on behalf of the appellant No.2-Manoj Kumar.

It is submitted that looking to Covid 19 scenario, vide order dated 21.5.2020, the appellant No.2 Manoj was extended the benefit of bail for a period of

45 days while considering his application for interim suspension of sentence. His sentence was suspended and the appellant remained on bail for a

period of 45 days and during this period he has not misused the liberty so extended to him. This period of 45 days is going expire shortly i.e. on

8.7.2020. Since the threat of Covid 19 is still prevailing, it is not possible for the appellant to surrender.

Per contra, learned counsel for State has opposed the prayer. However, he does not dispute the fact of suspension of jail sentence and grant of bail to

appellant for a period of 45 days.

Heard learned counsel for the parties at length.

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 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€​

Considering the overall facts and circumstances of the case and also the fact that the appellant has not misused the liberty of bail earlier granted to

him and the directions issued by the Hon'ble Supreme Court, this Court deems it appropriate to consider the application for extension of time of

suspension of sentence.

Accordingly, subject to verification of the fact that the appellant has not misused the liberty extended to him earlier vide order dated 21.5.2020,

application for suspension of sentence is allowed for a further period of 45 days. The jail sentence of appellant No.2-Manoj Kumar only shall

remain suspended for 45 days only on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with a solvent surety in the

like amount to the satisfaction of concerning trial Court. The appellant shall surrender on expiry of 45 days before the trial court for undergoing

remaining part of jail sentence.

The appellant is further directed to abide by all the terms and conditions. Appellant shall install Arogya Setu App in his mobile immediately and would

intimate his place of residence to the SHO of concerned Police Station; where he resides. Appellant further submit 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.

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. The appellant is at liberty to apply for regular bail/for

extending suspension period immediately after 45 days, in case the lockdown is extended, the Court functioning is not regular.

Application stands disposed of.

Certified copy as per rules.