Madhya Pradesh High Court
Phool Kunwar vs Union Of India on 8 May, 2020
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 CRA-10887-2019
The High Court Of Madhya Pradesh
CRA-10887-2019
(PHOOL KUNWAR Vs UNION OF INDIA)
8
Jabalpur, Dated : 08-05-2020
Due to outbreak of pandemic (COVID-19), there is lock-down in the
country and therefore as per the order of Hon'ble the Chief Justice, this
matter is taken up through video-conferencing.
Shri Manish Datt, Senior Counsel, assisted by Shri Pawan Gujar,
counsel for the appellant.
Shri J.K. Jain, Assistant Solicitor General, for the respondent.
Heard on admission.
Admit.
Record of the trial court be called for.
Also heard on IA No. 5875/2020, which is an application for suspension of sentence and grant of bail.
Learned counsel for the appellant submits that on earlier occasion this Court has considered the bail applications in other connected appeals arising out of the same impugned judgment, which has given rise to present appeal also. Counsel further submits that the bail applications in the connected appeals have been allowed and the remaining jail sentence of the respective appellants has also been suspended. Therefore, this application may also be considered and the remaining jail sentence of appellant may also be suspended in the same manner, as in the present case also the maximum sentence awarded to the appellant is seven years, as has been awarded in the cases in which the applications for suspension of sentence have already been allowed.
Learned Assistant Solicitor General, appearing for the respondent, submits that as per the allegations made against the present appellant, his case cannot be considered in the same manner, as has been considered by this Court in other connected appeals. He further submits that the facts of each Digitally signed by RAGHVENDRA SHRAN SHUKLA Date: 11/05/2020 16:12:08 2 CRA-10887-2019 and every case and the evidence adduced by the prosecution on which the conviction is based require consideration separately.
However, at present, it is not possible to consider merit of each and every case for considering the application of suspension of sentence for the reason that on earlier occasion the applications have been allowed by this Court on the ground that there is outbreak of pandemic (Covid-19) in the country and maximum sentence awarded to the appellants is seven years.
Considering the aforesaid, without commenting on merit of the case, IA No. 5875/2020 is allowed. It is directed that remaining jail sentence of the appellant shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety of the like amount to the satisfaction of the trial court for his appearance before the Registry of this Court on 21.09.2020 and on such other dates as may be fixed by the Registry in that regard.
T h e jail authority is also directed to ensure that the appellant is examined by the jail doctor to ensure that he is not afflicted with the Covid-19 virus. If the doctor suspects otherwise, the appellant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that the appellant can be released, the State shall ensure that the appellant is transported till his place of residence.
However, considering the contention of learned counsel for the respondent, this appeal is directed to be listed in the week commencing 13th July, 2020. If the respondent is still of the opinion that the merit of the case for grant of bail needs to be considered independently then they are at liberty to move appropriate application and the same will be considered according to its own merit.
A copy of this order be forwarded to the concerned trial court through e-mail.
Certified copy as per rules.
Digitally signed by RAGHVENDRA SHRAN SHUKLA Date: 11/05/2020 16:12:083 CRA-10887-2019 (SANJAY DWIVEDI) JUDGE RAGHVENDRA Digitally signed by RAGHVENDRA SHRAN SHUKLA Date: 11/05/2020 16:12:08