Ravi Alias Ravindra vs State Of M.P

Heard on I.A.No. 3450/2020, an application under Section 389 of Cr.P.C. for suspension of remaining jail sentence moved on behalf of sole appellant.

The instant appeal has been preferred by the appellant against the judgment; whereby, appellant has been convicted for offence under Section 498-A, 306 of IPC and sentenced to suffer 5 year RI with fine of Rs. 500/- and in default of payment of fine to further undergo one month RI for offence under Section 498-A of IPC and has been awarded with same sentence for offence under Section 306 of IPC also.

It is the submission of learned counsel for the appellant that trial Court erred in convicting the appellant and awarding jail sentence as referred above. It is further submitted that out of total 5 years of jail sentence, appellant already suffered 9 months incarceration and possibility of early hearing of appeal is remote.

Wife of appellant committed suicide by hanging and couple shared more than seven years of marriage, therefore, allegations of immediate harassment for dowry demand or causing death do not exist qua present appellant. Appellant has a son aged 9 years to maintain beside his mother aged 65 years. Appellant has a good case on merits. Hearing of appeal shall take some time and in the prevailing situation of COVID-19 Pandemic, this case be considered accordingly. Further looking to the situation of pandemic, he intends to perform community service by serving the environment and National cause by contributing his part voluntarily by installing Arogya Setu App. On these grounds, prayer for suspension of sentence has been made out..

Counsel for the State opposed the prayer and prayed for dismissal of the application.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.

Considering the facts of the case in detail, however, considering the fact of long period of custody and that too in view of Covid-19 pandemic, without commenting on the merits of the case, application (I.A.No.3450/2020) is allowed and it is hereby directed that subject to payment of fine, remaining jail sentence of appellant shall remain suspended on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Office of this Court on 18/12/2020 and all other subsequent dates as may be fixed by office in this regard and that he will have to install Arogya Setu App, if not already installed.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the appellant, his preliminary Corona Virus test shall be conducted and if he is found negative, then the concerned local administration shall make necessary arrangements for sending the appellant to his house, and if he is found positive then the appellant shall be immediately sent to concerned hospital for his treatment as per medical norms. If the appellant is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, the appellant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid-19. If it is found that the appellant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would sent him to the same jail from where he was released.

Further appellant will not be a source of embarrassment or harassment to the complainant party in any manner and will not move in their vicinity and further will not try to contact them, otherwise, benefit of suspension of jail sentence extended today, shall stand withdrawn automatically.

I.A.No. 3450/2020 stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, for the office of this Court.

Certified copy/ e-copy as per rules/directions.