Madhya Pradesh High Court
Ghanshyam Kushwah vs The State Of Madhya Pradesh on 5 May, 2020
Author: Anand Pathak
Bench: Anand Pathak
1
THE HIGH COURT OF MADHYA PRADESH
Criminal Appeal No.454/2020
(Ghanshyam Shrama Vs. State of M.P.)
Gwalior, dated :05.05.2020
Shri N.P.Dwivedi, learned Senior Counsel with Shri
S.K.Tiwari and Gagan Sharma for the appellant.
Shri Rohit Mishra, learned counsel on behalf of
respondent/Lokayukta.
Heard on admission through video conference. Record perused.
Appeal is admitted for final hearing.
The appellant has been convicted under Section 7 of Prevention of Corruption Act and sentenced to undergo 3 years RI with fine of Rs.2,000/- and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act and sentenced to undergo 4 years RI with fine of Rs.2,000/- with default stipulation.
Also heard on I.A.No.390/2020, an application for suspension of sentence on behalf of appellant.
It is the submission of learned senior counsel for the appellant that trial Court erred in convicting the appellant and awarding the jail sentence as referred above. It is further submitted that complainant turned hostile and did not support the prosecution story. No voice recording samples have been taken and procedure has not been followed. Even otherwise, he is temporary clerk in 2 MLB Collage, Gwalior and aged 65 years and has clean record. Appellant has falsely implicated and trial Court erred in recording the conviction.
Looking to the age and prevailing conditions of pandemic of Corona Virus (COVID - 19) leniency which shown and he be released on bail for a limited period as prescribed by this Court. He undertakes to cooperate with the authority and maintain physical distancing and would abide by the conditions as imposed by this Court.
On the other hand learned counsel for the respondent/Lokayukta opposed the prayer and prayed for dismissal of application for suspension.
Heard learned counsel for the parties at length. 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 - 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 3 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."
After considering the rival submissions as well as considering the peculiar 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.
As this Court is not in a position to consider the facts of the case in detail, however, considering the fact in view of Covid19 pandemic and overall facts and circumstance of the case and looking to the submissions and undertaking as given above, without commenting on the merits of the case as there is no possibility of early hearing of this criminal appeal before this Court, I.A. No.390/2020 is allowed and it is ordered that on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) to 4 the satisfaction of the concerned trial Court, appellants' jail sentence shall remain suspended. 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 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, preliminary 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. This order shall remain in force till 30th July, 2020.
The appeal be listed for further order in the Month of July, 2020.
(Anand Pathak)
Ashish* Judge
ASHISH
CHAURASIA
2020.05.05
17:25:00
+05'30'