Ummed Singh Yadav And Ors 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. Nos.5990/2020, 5994/2020 and 5997/2020 which are applications for suspension of sentence and grant of bail to appellant no.3 Roopa Yadav, appellant no.4 Bhagwan Singh Yadav and appellant no.7 Hinnu Yadav.

This Criminal appeal assails the judgment dated 20/03/2019 passed by Additional Judge to the Court of I Additional Sessions Judge, Shivpuri (M.P.) in S.T. No. 236/2015 whereby appellants Nos. 3,4 and 7 have been convicted as under :-

Sections

Sentence

Fine (Rs.)

Default Stipulation

148 of IPC

1 Year RI

Rs. 500/-

3 Months RI

304-Part-I/149 of IPC

10 Years RI

Rs.2,000/-

1 Year RI

323/149 of IPC

6 Months RI

Rs.1,000/-

1 Months RI

323/149 of IPC

3 Months RI

Rs. 500/-

15 Days RI

450 of IPC (App. Nos.3&7)

10 Years RI

Rs. 5000/-

1 Year RI

Prosecution story found to be proved is that the appellants alongwith other co-accused persons, armed with weapons, came on the spot and assaulted Sujan by means of Farsa and Axe, due to which, Sujan died and thereafter threw him on the road.

Learned counsel for the appellants submits that the appellants have been implicated in the case. There are contradiction in the statements of Dr. Neelraj Gaur (P.W.5) and Smt. Malti (PW-6) eyewitness wife of the deceased and Dr. Kalpit Agarwal (PW-12). Smt. Malti (P.W.6) wife of the deceased has turned hostile who has not supported the prosecution story. Prosecution story is highly doubtful, since prosecution witnesses have deposed that deceased died due to accident of the tractor in which he was traveling. The appellants are in custody since the date of judgment i.e. 20/03/2019. It is further submitted that disposal of this appeal is likely to take time and in view of COVID-19 outbreak, detention of appellant in already congested prisons may be detrimental. With the aforesaid submissions, prayer for suspension of sentence is made.

The prayer is opposed by learned Panel Lawyer.

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

An early hearing of this case is not possible. Taking into consideration the overall facts and circumstances of the case, the I.As. are allowed

It is, therefore, directed that if each one of the appellant nos. 3,4 and 7 namely Roopa Yadav, Bhagwan Singh Yadav and Hinnu Yadav respectively deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) to the satisfaction of trial Court for his appearance before the Registry of this Court on 8th December, 2020 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail. Each one of the aforesaid appellants shall install Aarogya Setu App (if not already installed) in his mobile phone and 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 made clear that benefit of suspension of custodial sentences and grant of bail shall be extended to each one of the aforesaid appellants only on his depositing an amount of Rs.5,000/-(Rupees five thousand only) in the Prime Minister Citizen Assistance and Relief in Emergency Situation Fund (PM Cares Fund). Each of the aforesaid appellants shall submit an attested copy of its receipt before the concerning Court for keeping the same on record of the 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.