Rahul vs State Of M.P

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.

Heard on I.A. No.13043/2020, which is the second application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the sole appellant - Rahul. The first one was dismissed as withdrawn vide order dated 7/11/2019.

This appeal has been preferred against the judgment dated 29/06/2019 passed by Special Judge (Dacoity), Gohad, District- Bhind in Special Dacoity Case No.08/2018, whereby the appellant has been convicted as under:-

Sections

Sentence

Fine (Rs.)

Default Stipulation

392/34 of IPC read with Section 11/13 of MPDVPK Act

10 Years RI

Rs. 5000/-

6 Months RI

Prosecution story found to be proved against the appellant is that on 14/06/2018, when the complainant was going by his motorcycle and as soon as, he passed from Sarvodey school, at that time, the appellant alongwith co-accused came on motorcycle and snatched his mobile phone and ran away from the spot.

Learned counsel for the appellant submits that the complainant denied involvement of appellant in the offence alleged and yet learned trial judge convicted the appellant. It is further submitted that appellant has suffered 18 months' of incarceration as against sentence of 10 years R.I. and he was on bail during trial and he has not misused the liberty granted to him. It is also submitted by the learned counsel for the appellant that the appellant is a permanent resident of District-Bhind. 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. Co-convict Pushpendra Singh has already been given the benefit of suspension of custodial sentence vide order dated 17/8/2020 passed in Cr.A. No.5932/2019 and the appellant deserves parity in treatment. With the aforesaid submissions, prayer for suspension of sentence and grant of bail is made.

On the other hand, learned Panel Lawyer appearing on behalf of the respondent/State opposes the bail application.

At this stage, learned counsel for the appellant volunteered to deposit an amount of Rs.10,000/- (Rupees Ten Thousand Only) with Prime Minister Citizen Assistance and relief in Emergency Situation Fund (PM Cares Fund).

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, the I.A. is allowed.

It is, therefore, directed that if appellant namely Rahul deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 5th January, 2021 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 the appellant shall also install Arogya Setu App. (if not already installed) in his mobile phone.

It is made clear that benefit of this order shall be extended to the appellant only on his depositing an amount of Rs.10,000/- (Rupees ten thousand only) in the Prime Minister Citizen Assistance and Relief in Emergency Situation Fund (PM Cares Fund). The appellant shall submit an attested copy of its receipt before the concerning Court for keeping the same on record of the case.

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.