Raghuveer vs State Of M.P.

I.A. No. 3083/2020, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

The revision being arguable is admitted for final hearing. Call for the record of the Courts below, if not already called. Also, heard on I.A.No.3084/2020, this is an application under Section 397 (1) of Cr.P.C. for suspension of sentence.

This criminal revision has been filed against the judgment dated 24/2/2020 passed by Seventh Additional Sessions Judge, Guna in CRA No. 271/2018 by which order dated 18/9/2018 passed by Judicial Magistrate First Class, Guna in Criminal Case No. 741/2008 has been affirmed.

The petitioner has been convicted and sentenced as under:-

S.No

Section under IPC

Imprisonment

Fine in Rupees

In default

1.

419

1 year rigorous

1000/-

one month R.I.

2.

467

3 years rigorous

1000/-

one month R.I

3.

468

1 year rigorous

1000/-

one month R.I

4.

471

1 year rigorous

1000/-

one month R.I

It is submitted by the counsel for the petitioner that the petitioner has been wrongly convicted by the trial Court as well as by the appellate Court. He has not committed any offence. He is in jail since 24/4/2020 and the fine amount has already been deposited. Therefore, prays to suspend the jail sentence of the petitioner and grant him bail. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Counsel for the State opposed the prayer and prayed to reject the application.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the available record.

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."

Looking to the overall facts and circumstances of the case as well as short period of jail sentence, without commenting on merits of the case, the application (I.A. No. 3084/2020) is allowed and the remaining jail sentence of the petitioner is hereby suspended. It is hereby directed that the petitioner shall be released on bail on his furnishing  personal  bond of  Rs.75,000/- (Rupees Seventy Five Thousand only)  with one solvent surety of the like amount to the satisfaction of the Chief Judicial Magistrate of the concerned district. Chief Judicial Magistrate shall ensure that after furnishing bail, the bail papers are sent to the Court concerned. The petitioner is further directed to mark his appearance before the Office of this Court on 07/12/2020 and on subsequent dates given by the Office in this regard, till final disposal of this revision.

In view of COVID-19 pandemic,  the  Jail Authorities are directed that before releasing the petitioner, his Corona Virus test shall be conducted and if he is found negative, then the concerned local administration shall make necessary arrangements for sending the petitioner to his house, and if he is found positive then the said petitioner shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the petitioner is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, the petitioner is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the petitioner has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would sent him to the same jail from where he was released.

This order will remain operative subject to compliance of the following conditions by the petitioner:-

The petitioner will comply with all the terms and conditions of the bond executed by her;

The petitioner will cooperate in the investigation/trial, as the case may be;

The petitioner will not indulge herself/himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The petitioner shall not commit an offence similar to the offence of which he/she is accused;

The petitioner will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

The petitioner will inform the SHO of concerned police station about him/his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.

List the case for final hearing in due course.

E- copy of this order be sent to the Courts below concerned for compliance.

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