Rajkumar Adiwasi vs State Of M.P.

Heard on I.A.No.10395/2019, first application under Section 389(1) of Cr.P.C. moved on behalf of appellant for suspension of sentence.

By the impugned judgment of sentence and order of conviction, appellant has been convicted for offence under Sections 376(1) IPC and sentenced to undergo 7 years RI with fine of Rs.5,000/- with default stipulation.

It is the submission of learned counsel for the appellant that appellant is suffering jail sentence for almost one and half year on false pretext. Trial Court erred in convicting the appellant only on the basis of some injuries sustained by the victim whereas she was moving in the forest full of thorny plants. Because of the fact that appellant made complaint against the ration card obtained by the prosecutrix on the basis of criteria of Below-Poverty-Line (whereas she was not below that line) therefore, she holds grudges against the appellant. Her own integrity was doubtful and she is aged 35 years and to wreck vengeance false allegations have been made. Appellant is young man aged 25 years. He has a good case on merit. Hearing of appeal will take time. Looking to the prevailing condition of COVID-19, he seeks suspension of his remaining jail sentence on sympathetic grounds also. He 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. Further looking to the situation of pandemic, he intends to serve the Nation by contributing his part by installing Arogya Setu App.

Learned counsel for the respondent/State opposes the prayer and prayed for its rejection.

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

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."

After considering the rival submissions as well as considering the peculiar fact situation, wherein, we are facing wrath of pandemic COVID-19, this Court is of the considered

opinion that appellant deserves to be released on bail.

As this Court is not in a position to consider the facts of the case in detail, however, considering the fact that in view of Covid-19 pandemic and keeping in view the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case and the period of custody undergone of appellant, subject to deposit of fine amount, it is directed that jail sentence of appellant shall remain suspended subject to appellant's furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the trial Court to appear before Registry of this Court on 12/8/2020 and all other subsequent dates as may be fixed in this regard and that he will have to install Arogya Setu App, if not already installed.

I.A.No.10395/2019 stands disposed of.

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

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