Santosh & Others vs State Of M.P.

Record of the Court below be called, if not already called.

Heard on I.A.No.15227/2020, which is an application under Section 389(1) of Cr.P.C. for temporary suspension of sentence and grant of interim bail to appellant No.2- Geeta Bai.

Vide judgment dated 31/12/2018 passed by First Additional Sessions Judge, Ashoknagar in Sessions Trial No.64/2009, the appellants have been convicted under Section 194 of IPC and have been sentenced to undergo 10 years rigorous imprisonment with fine of Rs.10,000/- each with default stipulation.

It is submitted by learned counsel for appellant No.2 - Geeta bai that the appellant No.2 is a lady aged around 55 years. She is suffering from various ailments including hypertension and requires regular treatment. It is further submitted that there is no specific allegation against the present appellant. She is ready to abide by any condition which may be imposed by this Court. Hence, looking to the age of appellant No.2 and present condition of COVID-19 pandemic, learned counsel prays for temporary suspension of sentence and grant of interim bail for a period of 60 days.

Per contra, learned Panel Lawyer has opposed the application and prayed to reject the ame.

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

Considering the facts and circumstances of the present case, and the fact that appellant No.2 is a lady aged around 55 years and looking to the present COVID-19 condition, without commenting upon the merits of the case, jail sentence of the appellant No.2- Geeta Bai is temporarily suspended for a period of 60 days and it is hereby directed that the appellant No.2 shall be released on bail for a temporary period of 60 days from the date of her release on her furnishing personal bond of Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court concerned. The appellant No.2 shall surrender before the trial Court immediately after completion of 60 days. The intimation regarding surrender of the appellant No.2 be furnished to this Court. In case of failure to comply the order, this bail order shall automatically stand cancelled.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the appellant, her Corona Virus test shall be conducted and if test is found negative, then the concerned local administration shall make necessary arrangements for sending the appellant to her house, and if her test is found positive then the appellant shall be immediately sent to concerning hospital for her treatment as per medical norms. If the appellant is fit for release and if she is in a position to make her personal arrangements, then she 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 Covid19. 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 her in custody and would send her to the same jail from where she was released.

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

Application (I.A. No.15227/2020) stands disposed of accordingly.

Also heard on I.A. No.9776/2020, an application for suspension of sentence moved on behalf of appellant No.3.

Learned counsel for appellant No.3 prays for listing of this case for  consideration  of  I.A.  No.9776/2020  at  the  time  of  regular functioning of the Court.

Prayer is allowed.

List this case for consideration of I.A. No.9776/2020 when the regular functioning of the Court started.