Vinod Yadav And Another vs State Of MP

Heard on admission.

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by

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

represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

Being arguable, this appeal is admitted for final hearing in due course.

Heard on I.A.No.7995/2020, application under Section 389 (1) of Cr.P.C for suspension of jail sentence and grant of bail on behalf of the appellant

no.2 Pramod Yadav who stood convicted under Sections 307/34 of IPC, 25(10 (1-B)A and 27 of the Arms Act and sentenced to undergo seven years

RI with fine of Rs.1000/-, two years RI with fine of Rs.500/- and three years RI with fine of Rs.500/- respectively with default stipulation.

It is submitted by counsel for the appellant that the appellant is in custody since the date of judgment i.e. 22.8.2017 and he remained in custody for

about three months during trial also. He remained on bail also during trial but he has never misused the liberty granted to him. He expressed his

willingness to serve the national cause by making contribution of Rs.10,000/- in PM Care Fund and install Arogya Setu App. On these grounds, the

appellant prayed for suspension of jail sentence and grant of bail.

Per contra, learned counsel for State has opposed the prayer.

Heard learned counsel for the parties and perused the record.

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€​

Considering the overall facts and circumstances of the case and the period of custody undergone by the appellant and the directions issued by the

Hon'ble Supreme Court, this Court deems it appropriate to consider the application for grant of bail and suspension of sentence.

Accordingly, application for suspension of sentence is allowed. The jail sentence of appellant No.2 Pramod Yadav shall remain suspended and he

be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with a solvent surety in the like amount to

the satisfaction of concerning trial Court for his appearance before Registry of this court on 29.1.2021 and thereafter on all other 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.

The appellant is further directed to abide by all the terms and conditions. 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 submit 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

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Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-

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 his 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.

Application stands disposed of.

Certified copy as per rules.

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