Sanjeev Saxena vs State Of M.P.

Appeal is admitted for final hearing.

Record of the Court below be called, if not already called. Heard through VC on I.A.No.3070/2020, which is an application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant Imran Shah. Vide judgment dated 23.01.2020 passed by 14th Additional Sessions Judge, Gwalior in Sessions Trial No.567/2014, the appellant has been convicted as under:-

Section under IPC

Imprisonment

Fine

In default

420

03 years

Rs.1000/-

2 months R.I

467

05 years

Rs.2000/-

3 months R.I.

471

03 years

Rs.1000/-

2 months R.I.

It is submitted by learned counsel for appellant Sanjeev Saxena that the trial Court has wrongly convicted the appellant without appreciating the materials and evidence available on record. The appellant is in custody since more than five months. Jail sentence of other co-accused of this case Tahir Khan and Anuj Pandey has already been suspended and they have been granted bail by order dated 12/5/2020 passed in CRA Nos. 1618/2020 and 2821/2020 respectively who are on the same footings alike the present appellant. Hence, prayed for suspension of sentence and grant of bail to the present appellant on the ground of parity with co-accused Tahir Khan.

Per contra, learned Panel Lawyer appearing for the respondent/State has opposed the application and prayed for its rejection.

Heard learned counsel for the parties through video conferencing and perused the materials available on record.

Hon'ble the 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 issued directions to 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."

Considering the fact that the appellant has suffered more than five months custody and jail sentence of co-accused Tahir Khan and Anuj Pandey has already been suspended, without commenting on merits of the case, as there is no possibility of early hearing of this appeal before this Court, the application (I.A. No. 3070/2020) is allowed and it is ordered that on furnishing bail bond of Rs.50,000/-(Fifty Thousand only) with one solvent surety of like amount by the appellant to the satisfaction of the concerned trial Court, the appellant's jail sentence shall remain suspended. The appellant shall appear before the Principal Registrar of this Bench firstly on 7th December, 2020 and thereafter on all other subsequent dates as may be given by the Registry in this behalf.

Appellant would intimate his place of residence to the SHO of concerned Police Station, where he resides. Appellant shall further submit an undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -1() pandemic.

In view of COVID -19, jail authorities are directed that before releasing the appellants, preliminary medical examination of appellants shall be undertaken by the jail doctor and on prima facie, if it is found that they are havin the symptoms of COVID -19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise appellants shall be released immediately on bail and shall be given a pass or permit for movement to reach their place of residence.

E-copy of this order be provided to the appellants' counsel and e-copy of this order be sent to the trial Court concerned for compliance.