Ramlakhan @ Tillu vs State Of M.P.

Matter is heard through video conferencing. I.A.No.3508/2020, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.

Also heard on I.A.No.1995/2020, an application filed under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of petitioner- Ramlakhan @ Tillu.

This Criminal Revision is arising out of the judgment dated 29.1.2020 passed by Additional Sessions Judge, Mehgaon District Bhind (M.P.) in Criminal Appeal No.38/2020; whereby, the judgment dated 12.12.2018 passed by the Judicial Magistrate First Class Mehgaon in Criminal Case No.631/2012 has been affirmed. The petitioner has been convicted and sentenced as under:

Sections

Sentence

Fine

In default stipulation

25  (1)  (B) (A)  of Arms Act

1 year RI

Rs.500/-

3 months imprisonment

It is submitted by learned counsel for the petitioner that the Court below has wrongly convicted the petitioner without appreciating the evidence and materials available on record. The petitioner has been falsely implicated in the case and he is in custody since last seven months. The petitioner has hope and belief that he will get success in this revision and disposal of this revision will take considerably long time. Under these circumstances, learned counsel for the petitioner prayed to suspend the jail sentence and grant bail to the petitioner.

On the other hand, learned Panel Lawyer opposed the prayer and prayed for dismissal of the application for suspension.

Heard learned counsel for the parties at length through Video Conferencing.

The Hon'ble Supreme Court 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."

In view of the aforesaid and considering the fact that the petitioner is in custody since last seven months, without commenting upon the merits of the case, it would be appropriate to accept the application of the petitioner. Consequently, I.A.No.1995/2020 is hereby allowed. If the petitioner furnishes a bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with one surety bond to the satisfaction of the Trial Court and appears before the Registry of this Court on 7th December, 2020 and on subsequent dates given by the office for his appearance till the disposal of the present revision, then the petitioner shall be released on bail and execution of jail sentence is suspended till the disposal of this revision.

The petitioner is further directed to abide by all the terms and conditions. Petitioner would intimate his place of residence to the SHO of concerned Police Station, where he resides. Petitioner shall further submit an undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guideline issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic. In view of COVID -19, jail Authorities are directed that before releasing the petitioner, preliminary medical examination of petitioner shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID -19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise petitioner shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.

E- copy of this order be provided to the petitioner and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.

Application (I.A.No.1995/2020) stands disposed of.