Sukhram Barela vs State of M.P.

I.A. No. 9877/2020, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Also, heard on I.A.No.9876/2020, first application under Section 389 (1) of Cr.P.C. for suspension of sentence on behalf of the appellant.

This criminal appeal has been filed against the judgment dated 01/8/2018 passed by Sessions Judge, Guna in Criminal Case No.264/2016 by which the

appellant has been convicted under Section 307 of the IPC and has been sentenced to undergo rigorous imprisonment of 7 years with fine of

Rs.1,000/- with default stipulation.

It is submitted by the counsel for the appellant that the appellant has been wrongly convicted by the trial Court. There are lots of contradictions and

omissions in the evidence of the prosecution witnesses. Appellant is in jail since the date of judgment and he had also remained in custody during trial

for a period of one year and four months. It is further submitted that looking to the current COVID-19 situation, there is no possibility of disposal of

this criminal appeal in near future. Therefore, prays to suspend the jail sentence of the appellant. He further undertakes to abide by all the terms and

conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures

in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while  keeping physical distancing.

Counsel for the State vehemently opposed the prayer and has submitted that appellant had caused injury to his wife on her neck by means of Hasia

which has also been seized from the possession of the appellant. Hence, prayed to reject the application for suspension of sentence.

At this juncture, learned counsel for the appellant has further submitted that the appellant is aged around 36 years and is ready and willing to render his

services as a COVID warrior towards the betterment of the society.

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 (COVIDâ€" 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.â€​

Looking to the aforesaid and the custody period of the appellant, the application (I.A. No. 9876/2020) is allowed and the remaining jail sentence of

the appellant is hereby suspended. It is hereby directed that the appellant shall be released on bail on 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 concerned Court. The appellant is

further directed to mark his appearance before the Office of this Court on 14/12/2020 and on subsequent dates given by the Office in this regard, till

final disposal of this appeal.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the appellant, his Corona Virus test shall be conducted and if it

is found negative, then the concerned local administration shall make necessary arrangements for sending the appellant to his house, and if the test is

found positive then the appellant shall be immediately sent to concerning hospital for her/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 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 them in custody and would send them to the same jail from where they were released.

The appellant is further directed to inform the SHO of concerned police station about his residential address in the said area and it would be the duty

of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.

Further, the applicant shall enroll himself with the concerned District Magistrate as “COVID-19 Warrior†by entering his name in

a Register named as COVID-19 WARRIOR REGISTER. The applicant then, shall be assigned work of COVID-19 disaster

management at the discretion of the District Magistrate by taking all prescribed precautions. The nature, quantum and duration of the

work assigned is left to the the wisdom of the District Magistrate. This Court expects that the applicant shall rise to the occasion to

serve the society in such crisis by discharging his fundamental duty of rendering national service when called upon to do so as per

Article 51-A(d) of the\constitution.

Registry is directed to communicate this order through e-mail to the concerned District Magistrate for compliance.

The District Magistrate concerned is directed to intimate this Court in case the aforesaid condition is not complied with and on receipt of any such

intimation, Registry is directed to list the matter before appropriate Bench as PUD.

List the case for final hearing in due course.

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

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

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