Madhya Pradesh High Court
Halim Khan vs The State Of Madhya Pradesh on 28 May, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
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THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.6916/2019
(Halim Khan vs. State of M.P.)
Gwalior, Dated : 28.05.2020
Shri A.R. Shivhare, counsel for the appellant.
Shri Vijay Sundaram, Panel Lawyer for the respondent/State.
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 counsel through video conferencing, following the norms of social distancing/physical distancing in letter and spirit.
Heard on admission.
This criminal appeal under Section 374 of Cr.P.C has been filed by the appellant against the judgment dated 8.8.2019, passed in S.S.T.No. 68 of 2017 by Special Judge, MPDVPK Act Gwalior, whereby the appellant has been convicted u/S. 392 of IPC and Section 11/13 of MPDVPK Act and sentenced to undergo five years' R.I. with fine of Rs.1000/- and in default of payment of fine, one month's additional R.I. Being arguable, this appeal is admitted for final hearing. Also heard on I.A. No.2317 of 2020, which is the first application under Section 389 of Cr.P.C for suspension of jail sentence on behalf of the appellant.
Learned counsel for the appellant submits that the He further submits that jail sentence of appellant No.3 Anju has already been suspended and she has been released on bail vide order dated 1.5.2020 and the allegations against the present applicant is also similar to that of co-accused. Therefore, on the ground of parity, he prays for suspension of sentence and grant of bail to appellant No.2 Manju also.
Counsel for the appellant claims parity with the co-accused Irfan who has been extended the benefit of bail by suspending his sentence 2 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.6916/2019 (Halim Khan vs. State of M.P.) vide order dated 6.1.2020 passed in Criminal Appeal No.7308/2019 and the allegations against the present appellant is also similar to that of co-accused. It is submitted that appellant is in custody since 8.8.2019 and he has already remained in custody during trial for four months. He undertakes to serve the national cause by making contribution in PM Care Fund and install Arogya Setu App. Therefore, on the ground of parity, he prays for suspension of sentence and grant of bail to appellant.
On the other hand, counsel for the State has opposed the prayer made by counsel for the appellant 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
- 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 3 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.6916/2019 (Halim Khan vs. State of M.P.) 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."
Considering the overall facts and circumstances of the case and also 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 appellant is directed to be released by suspending his sentence on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of trial court, subject to verification of depositing the fine amount, if any, for his appearance before Registry of this Court on 21.12.2020 and thereafter on all such other dates as may be fixed in this regard until further orders. Appellant shall deposit Rs.5000/- 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.
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THE HIGH COURT OF MADHYA PRADESH Cr.A. No.6916/2019 (Halim Khan vs. State of M.P.) The appellant is directed to abide by all the terms and conditions. Appellant shall install Arogya Setu App in their 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 (COVID-19) pandemic.
In view of the COVID-19, jail authorities are directed that before releasing the appellant, medical examination 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.
Record of the trial court be called for and list thereafter for final 5 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.6916/2019 (Halim Khan vs. State of M.P.) hearing in due course.
Certified copy as per rules.
(Vishal Mishra) Judge van SMT VANDANA VERMA 2020.05.28 15:51:34 +05'00'