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.3039/2020, an application under Section 389 of Cr.P.C. for suspension of jail sentence on behalf of the appellant No.2-Manoj Kumar. Earlier first application was dismissed on merits vide order dated 2.12.2019.

It is submitted that he has been convicted under Sections 467 and 471 of IPC in which maximum conviction is of five years. He has remained under custody for almost 11 months. It is further submitted that looking to the present scenario of COVID-19 and in terms of the guidelines issued by the Hon'ble Supreme Court, he prays for interim suspension of sentence.

Per contra, learned counsel for State has opposed the prayer and submits that the application was already dismissed and no new ground has been raised except period of custody. He prays for rejection of the present application.

Heard learned counsel for the parties at length. Written application and arguments considered.

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 No.2-Manoj Kumar only is directed to be released by suspending his sentence for period of 45 days 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 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.

In view of the COVID-19, jail authorities are directed that before releasing the appellant, medical examination of appellant 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. 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.