Surendra Singh Sengar And Anr vs State Of Madhya Pradesh @RESPONDEN

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.

Heard on I.A. No.2828/2020, which is the first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the appellants.

This appeal has been preferred against the judgment dated 05/03/2020 passed by 9th Additional Sessions Judge, Gwalior, District-Gwalior in S.T. No.196/2015, whereby the appellants have been convicted as under:-

Appellants

Sections

Sentence

Fine (Rs.)

Default Stipulation

Surendra Singh Sengar

326/34 of IPC

3 Years RI

Rs. 500/-

3 Months RI

324/34 of IPC

1 Year RI

Rs.500/-

1 Month RI

25 (1) (Kha) of Arms Act

1 Year RI

Rs.500/-

1 Month RI

Smt. Shanti @ Pushpa Devi

326/34 of IPC

3 Years RI

Rs. 500/-

3 Months RI

324/34 of IPC

1 Year RI

Rs. 500/-

1 Month RI

Prosecution story found to be proved against the appellants is that the appellants along with co-accused persons, armed with sharp edged weapon, came at the shop of the complainant and started abusing filthily and co-accused Chhotu assaulted the complainant by means of sword which hit on the hand of the complainant, due to which, the complainant received injuries and appellant No.1- Surendra also assaulted Manoj by means of Dhariya on the head and back of him, due to which, blood oozing out from there. Thereafter the accused persons ran away from the spot threatening the complainant party.

Learned counsel for the appellants submits that the appellants have been falsely implicated in the case and they were on bail during trial and they have not misused the liberty granted to them. It is also submitted by the learned counsel for the appellants that fine amount has already been deposited by them and the trial Court has already suspended the jail sentence of the appellants for a period of one month from the date of judgment but due to COVID-19 lock down, they could not file the application for suspension of sentence before this Court. Attention has also been invited to the guidelines issued to all the States and Union Territories by the Apex Court for de-congesting the prisons in suo motu W.P. (C) No. 1/2020 (IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS) to consider release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less by constituting a High Powered Committee. It is also submitted that there are fair chances of success of this appeal and the appeal may take long time for its conclusion and the appellants cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and the appellants be released on bail.

On the other hand, learned Panel Lawyer appearing on behalf of the respondent/State opposes the bail application.

At this stage, learned counsel for the appellants volunteered to deposit an amount of Rs.5,000/- (Rupees Five Thousand Only) each with Prime Minister Citizen Assistance and relief in Emergency Situation Fund (PM Cares Fund).

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.2828/2020 is allowed.

It is, therefore, directed that if appellants No.1 and 2 -Surendra Singh  Sengar  and  Smt.  Shanti  @  Pushpa  Devi respectively deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) each to the satisfaction of trial Court for their appearance before the Registry of this Court on 5th November, 2020 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail. The appellants shall also furnish a written undertaking that they shall abide by all 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 and the appellants shall also install Arogya Setu App. (If not already installed) in the mobile phones.

It is made clear that benefit of suspension of sentence shall be extended to the appellants only on depositing an amount of Rs.5,000/-(Rupees Five Thousand Only) each with Prime Minister Citizen Assistance and relief in Emergency Situation Fund (PM Cares Fund) and obtaining receipt. The appellants shall submit an attested photocopy of such receipts before the Principal Registrar of this Bench, for placing the same on record of this case.

Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

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