Rammilan and others vs State Of Madhya Pradesh

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.10598/2020, which is second application for suspension of sentence and grant of bail to appellant No.3 Munshi. First application

(I.A.No.5627/2019) was dismissed as withdrawn vide order dt.18.11.2019.

This appeal has been preferred against the judgment dated 12.07.2019 passed by Additional Sessions Judge, Pichhore, District Shivpuri (M.P.) in

S.T.No.192/2016, whereby appellant No.3 has been convicted for the offence under Section 326 of IPC and sentenced to undergo R.I. for 4 years

with fine of Rs.1,000/-, in default to suffer additional R.I. for three months.

Prosecution story found to be proved against the applicant is that during altercation between the appellants and the complainant, appellant No.1

Rammilan inflicted injuries on the head of the complainant with the aid of Saria, whereas appellant No.2 Bharat Singh inflicted injury on the back of

the complainant with the aid of Saria and present appellant Munshi inflicted injury on the complainant with the help of axe which hit on his right hand.

Learned counsel for the appellants submits that the appellant No.3 Munshi has wrongly been convicted. Sentence of co-accused/appellants No.1 and

2 has already been suspended by this court and the case of the present appellant is on parity with them. During trial, the appellant No.3 was on bail

and he did not misuse the liberty granted to him. 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. It is also submitted that there are fair chances of success of this appeal and the appeal may take long time

for its conclusion and the appellant No.3 cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be

suspended and the appellant No.3 be released on bail.

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

An early hearing of this case is not possible, as this is the appeal of 2019. Taking into consideration the overall facts and circumstances of the case,

the I.A. is allowed

It is, therefore, directed that if appellant No.3 Munshi deposits the entire fine amount, if not already deposited, and furnish a personal bond in the

sum of Rs.50,000/-(Rupees fifty thousand) with one solvent surety in the like amount to the satisfaction of trial Court for his appearance before the

Registry of this Court on 27th  November, 2020 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 No.3 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 they shall also install

Arogya Setu App. (If not already installed) in the 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.