Vikesh vs State Of M.P.

In the wake of unprecedented and uncertain situations due to the outbreak of Novel Corona Virus COVID-19 and considering the advisories issued by

the Government of India, this application is being heard and decided through video conferencing to maintain social distancing. The parties are being

represented through their respective counsels through VC and therefore, norms of social distancing/physical distancing were followed in letter and

spirit.

This criminal appeal under Section 374 of Cr.P.C assails the judgment of the trial Court dated 4.9.2019, passed by Sessions Judge Vidisha, whereby

appellant has been convicted under Sections 306 of IPC and sentenced to undergo RI for Seven years with fine of Rs.500/-, with default stipulation.

Heard on I.A. No.371 of 2020, first application under Section 389(1) of Cr.P.C for suspension of jail sentence and grant of bail on behalf of appellant.

It is submitted by counsel for the appellant that the appellant was on bail during trial and he has never misused the liberty granted to him. He is in

custody since 4.9.2019 the date of judgment. It is further submitted that there is no specific overt act against the appellant. He has drawn attention of

this court to the statement of Ajuddhi Bai (PW1) who has stated that the deceased had told her that the present appellant has given her poison and has

asked that either she should marry him or should consume poison and threatening was also given that in case she does not marry then he will kill her

brother. It is argued that Ajuddhi Bai (PW1) herself has admitted that the deceased was found to be in unconscious state when she met her first and

thereafter she never regained her consciousness and expired. Thus, there was no occasion that the deceased could have narrated anything to her. It is

argued that conviction is of seven years under Section 306 of IPC and in terms of the directives issused by Hon. Apex Court during this Covid 19, the

appellant should have been released on bail. He further submits that earlier, the deceased had lodged a case under section 354 of IPC against the

appellant in which, the appellant has already been acquitted by the trial court vide judgment dated 29.3.2015 and now again, she has levied allegations

against the appellant under Section 306 of IPC. He is ready to abide with all the conditions which may be imposed by this court while considering this

application for suspension of sentence and grant of bail. The appellant is ready to contribute Rs.10,000/- in the PM Care Fund and install Arogya

Setu App. He prays for suspension of sentence and grant of bail.

Per contra, learned Panel lawyer for the respondent/State opposed the prayer and prays for dismissal of this application.

The Supreme Court by order dated 23-3-2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU

W.P. (C) No. 1/2020 has directed 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€​

After considering the rival submissions as well as considering the fact situation, wherein, we are facing wrath of pandemic COVID-19, this Court is of

the considered opinion that appellant deserves to be released on bail by suspending his sentence.

Considering the submissions of the counsel for the parties and the facts and circumstances of the case and in particular, the directions issued by

Hon'ble Apex Court in the case stated above, application I.A.No.371 of 2020 for suspension of sentence on behalf of appellant is allowed subject to

the verification of the fact that the fine amount has already been deposited by the appellant. Jail sentence of appellant will remain under suspension, on

his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) to the satisfaction of the concerned trial Court, for his appearance

before Office of this Court on 21.12.2020 and thereafter on all subsequent dates as may be fixed by the office. The appellant shall deposit

Rs.10,000/- in PM CARES Fund having Account Number : 2121PM20202, IFSC Code: SBIN0000691, SWIFT Code : SBININBB104,

Name of Bank & Branch : State Bank of India, New Delhi Main Branch within seven working days from the date of release.

Since the appeal has already been admitted, call for the record of trial court and list thereafter for final hearing in due course.

Appellant shall install Arogya Setu App in his mobile immediately and would intimate his place of residence to the SHO of concerned Police Station;

where he resides. Appellant further submits the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as

well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to

avoid Novel Corona Virus (COVIC-19) pandemic. In view of the COVID-19, jail authorities are directed that before releasing the appellant, medical

examination of appellant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then

consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise appellant shall be released immediately

on bail and shall be given a pass or permit for movement to reach her place of residence.

E-copy of this order be provided to the appellant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-

copy of this order shall be treated as certified copy for practical purposes in respect of this order.