Sobran Singh vs State Of Madhya Pradesh

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.

I.A. No.13358/2020, an application for urgent hearing through video conferencing, accordingly, stands allowed.

Heard on I.A.No.2418/2020, first application, under section 389 of the Cr.P.C., moved on behalf of the appellant for interim suspension of sentence and grant of bail.

This Criminal appeal assails the judgment dated 14.02.2019 passed by the First Additional Sessions Judge, Bhind in S.T. No.219/2017, whereby the appellant has been convicted under section 302 of the IPC and sentenced to undergo life imprisonment with fine of Rs.1,000/- in default to suffer R.I. for six months.

Learned counsel for the appellant submits that appellant is suffering from throat cancer which is spread till his abdomen. It is further submitted that in view of COVID-19 outbreak, detention of appellant in already congested prisons, who owing to his age is more susceptible, may be detrimental. It is prayed that considering the aforesaid, benefit of interim suspension of custodial sentence may be allowed.

This Court vide order dt.16.03.2020 had called for the report from the concerned jail doctor to verify the factuam of illness, in pursuance whereof, report has been filed, in which it is stated that the appellant has to take chemotherapy after every ten days.

In view of the aforesaid, this Court finds it tobe a fit case for extending the benefit of interim suspension of custodial sentence to the appellant for a period of three months from tomorrow (16.09.2020).

Accordingly, it is directed that execution of jail sentence of the appellant, namely; Sobran Singh shall remain suspended and he be released on interim bail w.e.f. 16.09.2020 subject to furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two solvent sureties each of the like amount to the satisfaction of the concerned CJM. The appellant shall also furnish a written undertaking that he 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.

It is directed that the appellant shall surrender himself before the CJM concerned on 17.12.2020 for serving out the remaining part of jail sentence awarded to him under the impugned judgment. The affidavit relating to surrender be filed by the appellant on 18.12.2020.

Consequently, I.A. No.2418/2020 stands disposed of.

List this case in the week commencing 21.12.2020 to verify the aspect of surrender.

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