Rameshver 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 IA No. 5463/2020, an application for change of counsel.

For the reasons stated in the application, the same is allowed and Shri Rajmani Bansal, learned counsel and his associate is permitted to argue on

behalf of the appellant.

Heard on I.A. No.5462/2020, which is third application for suspension of sentence and grant of bail to appellant. Earlier applications were dismissed

vide order dated 18/11/2019 and order dated 04/02/2020.

This appeal has been preferred against the judgment dated 12/09/2019 passed by Additional Sessions Judge, Chachora District Guna (M.P.) in S.T

No. 104/2015 whereby the appellant has been convicted under Sections 326 of the IPC of the IPC and sentenced to suffer seven years RI and fine of

Rs. 1000/-.

Learned counsel for the appellant submits that the appellant was on bail during trial and has never misused the liberty so granted. It is submitted that if

released on bail, there is no possibility of his absconsion. An early hearing of this criminal appeal is not possible. Attention has also been invited to the

guidelines issued to all the States and Union Territories by the Apex Court for de-congesting the prisons in suo motu W.P. (C) No. 1/2020 (IN RE :

CONTAGION OF COVID 19 VIRUS IN PRISONS) to consider release of prisoners who have been convicted or are under trial for offences for

which prescribed punishment is up to 7 years or less by constituting a High Powered Committee. Accordingly, prayer for suspension of custodial

sentence is made.

At this stage, learned counsel for the appellant volunteered to deposit an amount of Rs. 10,000/- (Rs. Ten Thousand Only) in Prime Minister

Citizen Assistance and relief in Emergency Situation Fund (PM Cares Fund).

An early hearing of this case is not possible. Taking into consideration the overall facts and circumstances of the case, the I.A. is allowed

It is, therefore, directed that if appellant 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 a local surety of the like amount to the satisfaction of trial Court for her/his appearance before the

Registry of this Court on 20th November, 2020 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to

her/him shall remain suspended till further orders and she/he shall be released on bail.

It is made clear that benefit of suspension shall be extended to the appellant only on depositing an amount of Rs. 10,000/- (Rupees Ten Thousand

Only) in Prime Minister Citizen Assistance and relief in Emergency Situation Fund (PM Cares Fund). The appellant shall submit an attested

photocopy of the receipt before the concerning Court, for placing the same on record of this case. 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.

The appellant shall also install Aarogya Setu App (if not already installed) in his mobile phone.

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.