Sultan Sahriya vs State Of Madhya Pradesh @RESPONDEN

Learned counsel for the rival parties are heard through video conferencing.

This criminal appeal assails the judgment dated 01.08.2014 passed in S.T.No.249/2011 by 3rd Additional Sessions Judge Guna District Guna whereby the appellant-Sultan Sahriya has been convicted as under:

Section

Imprisonment

Fine

302/34 of IPC

L.I.

Rs.  1000/-  with default stipulation

I.A.No.5232/2020, 2nd repeat application u/S. 389(1) Cr.P.C. for suspension of sentence moved on behalf of appellant-Sultan Sahriya after dismissal of earlier one as withdrawn is taken up and considered.

The appellant has suffered about eight years and ten months of incarceration as against life imprisonment awarded for the offence of murder.

Learned counsel for the appellant has argued on merits by contending that the ocular evidence found to be proved of appellant having caused axe blow on the head of deceased is not corroborated by medical evidence which reveals head injury to be caused by hard and blunt object.

Be that as it may, this court without going into merits, considering the period of custody suffered and the special circumstances of ongoing Covid-19 pandemic and that there is no hope of this appeal coming up in the near future for final hearing, this Court is inclined to grant bail to the appellant-Sultan Sahriya by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A. No.5232/20 is allowed and it is directed that the jail sentence of appellant-Sultan Sahriya will remain under suspension subject to verification that the amount of fine has been deposited, on the appellant's furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of CJM concerned for his appearance before concerned CJM on 17/12/2020 and on such further dates as may be fixed by him which shall be of frequency not less than once in a year.

In case, appellant is found absent on any date fixed by CJM concerned then the said Magistrate shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

Undoubtedly, the appellant is young/middle aged/able bodied responsible citizen. In the present time where the entire humanity is struggling to survive against the Covid-19 pandemic the governmental machinery is experiencing extreme shortage of hands in the process of disaster management, the appellant as citizen of nation is obliged to assist the govt. in times of this deep crises by discharging their fundamental duty enshrined under Article 51-A(d) which reads thus:-

"51A. Fundamental duties. - It shall be the duty of every citizen of India -

(a). XXX-XXX-XXX

(b). XXX-XXX-XXX

(c). XXX-XXX-XXX

(d). to defend the country and render national service when called upon to do so;"

Accordingly, this Court deems it appropriate to pass suitable order prescribing it to be a part of one of the conditions subject to which appellant has been granted bail so that the human resource in shape of the appellant can be utilized for the betterment of the society and to ward off the crises.

The appellant through his counsel undertakes that appellant shall register himself with the District Magistrate concerned as "Covid-19 Warriors" by entering his name in a Register named as COVID-19 WARRIOR REGISTER to be maintained in the o/o the concerned DM who in turn shall assign work to appellant of Covid- 19 disaster management at the discretion of District Magistrate, by taking all prescribed precautions. The nature, quantum and duration of the work assigned is left to the the wisdom of District Magistrate, concerned. This Court expects that the appellant shall rise to the occasion to serve the society in this time of crises to discharge 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 about the passing of this order to the concerned District Magistrate for compliance.

The District Magistrate concerned is directed to intimate this Court in case the said condition is not complied with and on receipt of any such intimation, Registry is directed to list the matter before appropriate bench as PUD.

A copy of this order be sent to the Court concerned for compliance.

C.c as per rules.