Rammilan & Others vs State Of Madhya Pradeh

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.9962/2019, which is second application for suspension of sentence and grant of bail to appellant no.1 Rammilan and appellant No.2

Bharat Singh. First application for suspension of sentence filed by the appellants No.1 and 2 (I.A.No.5627/2019) was dismissed as withdrawn vide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 in S.T.

No.192/2016, whereby the appellants No.1 Ramnilan and No.2 Bharat Singh have been convicted under Section 326/34 of IPC and sentenced to

undergo R.I. for 4 years with fine of Rs.1000/-, in default to suffer additional R.I. for three months.

Prosecution story found to be proved against the applicants is that during altercation between the appellants and the complainant, appellant 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 other co-accused Munshi inflicted injury on the complainant with the help of axe which hit on his right hand.

Learned counsel for the appellants submits that both the appellants have wrongly been convicted. Main accused is Munshi. During trial the court had

added offence under Section 326 of IPC. No offence under Section 326 of IPC is made out against the present appellants. There is no recovery from

both the appellants. 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

appellants cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and the appellants

No.1 and 2 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. Taking into consideration the overall facts and circumstances of the case, the I.A. is allowed

It is, therefore, directed that if appellant No.1 Rammilan and appellant No.2 Bharat Singh deposit the entire fine amount, if not already deposited,

and furnish a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) each to the satisfaction of trial Court for their appearance before the

Registry of this Court on 5th November, 2020 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to

them shall remain suspended till further orders and they shall be released on bail. The appellants No.1 and 2 shall also furnish a written undertaking

that they 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.