Sunil Rajak vs State of M.P

Matter is heard through Video Conferencing.

I.A. No. 10651/2020, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Admit.

Record of the Courts below be called for, if not already called.

Also, heard on I.A.No.10653/2020, first application under Section 397(1) of Cr.P.C. for suspension of sentence on behalf of the petitioner.

This criminal revision has been filed against the judgment dated 16/07/2020 passed by Sessions Judge, Ashoknagar in Criminal Appeal No.14/2020

modifying the judgment of conviction and sentence dated 29/01/2020 passed by Chief Judicial Magistrate, Ashoknagar in Criminal Case No.

2413/2016 by which the petitioner has been convicted under Section 325 of IPC and has been sentenced to undergo rigorous imprisonment of one year

with fine of Rs.1,000/- with default stipulation.

It is submitted by the counsel for the petitioner that the petitioner has been wrongly convicted by the appellate Court as well as by the trial Court.

Petitioner is in custody since date of judgment passed by appellate Court i.e. 16/07/2020. It is further submitted that appellant Court had partially

modified the judgment of conviction and sentence of the trial Court and reduced the sentence from one year to six months rigorous imprisonment. It is

also submitted that fine amount has already been deposited. Hence, prays to suspend the jail sentence of the petitioner looking to the short period of

sentence. 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 prayed to reject the application for suspension of sentence.

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 (COVID â€" 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€​

In view of aforesaid, and considering the facts and circumstances of the case, without commenting on merits of the case, the application (I.A. No.

10653/2020) is allowed and the remaining jail sentence of the petitioner is hereby suspended. It is hereby directed that the petitioner shall be released

on bail on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of

the concerned Court. The petitioner is further directed to mark his appearance before the Office of this Court on 08/12/2020 and on subsequent

dates given by the Office in this regard, till final disposal of this revision.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the petitioner, 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 petitioner to his house, and if the test is

found positive then the petitioner shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the petitioner 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 petitioner 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 petitioner 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 him in custody and would send him to the same jail from where he was released.

The petitioner 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.

List the case for final hearing in due course.

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

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