Shivaji @ Rahbahadur vs State Of Madhya Pradesh

Heard on I.A. No.9075/2020, an application under section 389(1) of the Cr.P.C.

The appeal has been preferred by the appellant against judgment dated 16.07.2015 passed by learned II Additional Sessions Judge in Sessions Trial No.208/2014. Appellant stands convicted for an offence punishable under Sections 392/397 of IPC and sentenced to undergo RI for seven years with fine of Rs. 500/- and Section 25 (1-b) a and 27 of Arms Act and sentenced to under go RI for 2 years, 3 years with fine of Rs. 250/- (two counts) with default stipulation.

Learned counsel for the appellant/accused has submitted that initially the appellant was granted bail vide order dated 29.10.2015 and he was directed to appear before the Registry of this Court on 07.12.2015 and also on such other dates as may be fixed by the office in this regard. He could not appear on 07.12.2015 due to appellant's detention in jail in another case. Thereafter, on filing an application for condonation of non-appearance of the appellant on the said date, his absence was condoned and the next date for his appearance was given as 28.07.2016 but he could not appear on that day also. Then next date was given as 17.11.2016 but he again could not appear then on 17.11.2016, a non-bailable warrant of arrest against the appellant and in compliance of the same, appellant was arrested by the police on 08.07.2020. It is further submitted that appellant is illiterate labour and was went outside for labourship in other State and he he was also missed the mobile number of his counsel. So, his absence is bonafide. He is in jail since 08.07.2020. This appeal will take time for final disposal so it is prayed that Learned Panel Lawyer of the State has opposed the application. Considering the contentions of both the parties and the facts that this appeal will take time for final disposal and the fact that he was earlier released on bail but for his non appearance he was arrested, his absence seems to be bonafide, so it is appropriate to suspend the sentence of the appellant and grant him bail. Hence, the application is allowed, remaining jail sentence of the appellant is hereby suspended.

It is directed that on depositing the fine amount (if not deposited), on furnishing a fresh personal bond of Rs. 50,000/- (Rupees fifty thousand only) alongwith solvent surety of the like amount to the satisfaction of the trial Court, the appellant-Shivaji @ Rajbahadur be released on bail with further direction to appear before the concerned trial Court on 04.11.2019 and also on all subsequent dates, as may be fixed by Court concerned in this regard till disposal of this appeal.

I n case, the appellant is found absent on any date fixed by the trial court then the said court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.

Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority:-

The Jail Authority shall ensure the medical examination of the appellant by the jail doctor before his release.

2 . The appellant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

List this matter for final hearing in due course, as per listing policy.

Certified copy as per rules.