Rakesh Mishra vs State Of Madhya Pradesh

On account of prevailing conditions worldwide brought about by the COVID-19 virus, the appeal has been heard through video conferencing in order to maintain social distancing. The necessary parties have effectively been represented by their respective counsel via video conferencing.

Heard on admission as well as on I.A. No.3470/2020 which is an application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of sentence on behalf of the appellant-Rakesh Mishra.

The appellant has been convicted under Section 392/ 34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years with fine of Rs.5,000/- and in default, to suffer R.I. for further three months.

The prosecution story is that on 8.1.2019 at 6 p.m. when the complainant P.W.3 Rakesh Shah went to the market then two persons had come on their motorcycle and snatched his mobile phone and robbery was committed. Counsel for the appellant refers to the statement of P.W.3 Rakesh Shah and submits that his mobile has not been recovered from the appellant. Further he referred to the statement of P.W.4 Manoj Kumar and para 11 of the judgment and submits that the appellant is in jail since 16.1.2019 and there is no criminal record against the present appellant.

Counsel for the State submits that two mobile phones have been alleged to be snatched by the appellant and even if one mobile is not of same description, case is made out against the appellant.

However, taking into consideration the testimony of P.W.4 Manoj Kumar and para 11 of the judgment and the fact that the mobile of complainant Rakesh Shah has not been seized from the possession of the present appellant and further that there is no criminal record against the appellant and he is in jail since one and a half years, I am of the opinion that the appellant is entitled for suspension of sentence and grant of bail.

Accordingly, it is directed that if the appellant- Rakesh Mishra, furnishes surety in the sum of Rs.30,000/- (Rs. Thirty Thousand only) and executes personal bond in the like amount to the satisfaction of the concerned trial Court, he shall be enlarged on bail and the execution of the sentence of imprisonment passed against him shall remain suspended.

The appellant shall appear before the Registry of this Court on 24.09.2020, and on such other dates as may be fixed by the Registry in this regard.

The I.A. No.3470/2020 is accordingly allowed.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU “ W.P. (C) No.1/2020 and ensure that the appellant is examined by the jail doctor before his release. If the appellant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the appellant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

A typed copy of this order be forwarded to the Office of the Advocate General and to Shri Shivam Hazare, learned Panel Lawyer, on their respective email addresses. The Office is requested to forward a copy of this order to the learned Court below.

List the matter for final hearing in due course.

C.c. as per rules.