Madhya Pradesh High Court
Mishralal vs The State Of Madhya Pradesh on 10 June, 2020
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
CRA No.3109/2020
(MISHRALAL Vs THE STATE OF MADHYA PRADESH )
Gwalior dtd. 10/06/2020
Shri Pawan Vijaywargiya, learned counsel for the appellants.
Shri Vijay Sundaram, learned Panel Lawyer for the State.
Call for the record of the Court below.
Considered the question of admission.
The appeal being arguable is Admitted for final hearing.
It appears that the appellants have also filed an application
under Section 389 of Cr.P.C. for suspension of sentence and grant
of bail and the same has also been uploaded by the office but it has
not been registered.
Accordingly, the office is directed to immediately register the
interlocutory application filed under Section 389 of Cr.P.C.
Considered the submissions made by the counsel for the
appellants on the question of suspension of sentence.
The appellant(s) has/have been convicted for the following
offences :
Accused Section Imprisonmen Fine (Rs.) Default
t stipulation
1.Mishralal 294 of IPC 3 Months' RI 1,000/- 10 days' RI 323/34 of 4-4 Months' 1,000- 1-1 month IPC (Six RI 1,000/- RI count) 506 B of IPC 1 year RI 1,000/- 1 month RI
2. Mahaveer 323/34 of 4-4 Months' 1,000- 1-1 month RI
3.Omprakash IPC (Six RI 1,000/-
4. Madroop count) 2 THE HIGH COURT OF MADHYA PRADESH CRA No.3109/2020 (MISHRALAL Vs THE STATE OF MADHYA PRADESH ) It is submitted by the counsel for the appellants that the Trial Court has already suspended the sentence till 18/06/2020.
Considering the nature of allegations, coupled with the fact that the sentence of the appellants have already been suspended by the Trial Court, the application for suspension of sentence is allowed. On furnishing the personal bond in the sum of Rs. 1 lac (One Lac Only) each to the satisfaction of the Trial Court/CJM/Remand Magistrate (Whosoever is available), the remaining jail sentence shall remain suspended and the appellants shall be released on bail. The appellants shall furnish one surety in the like amount to the satisfaction of the Trial Court, within a period of one month after the lockdown is completely lifted.
The Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS by order dated 7-4-2020 has directed as under :
In these circumstances, we consider it appropriate to direct that Union of India shall ensure that all the prisoners having been released by the States/Union Territories are not left stranded and they are provided transportation to reach their homes or given the option to stay in temporary shelter homes for the period of lockdown.
For this purpose, the Union of India may issue appropriate directions under the Disaster Management Act, 2005 or any other law for the time being in force. We further direct that the States/Union Territories shall ensure through Directors General of Police to provide safe transit to the prisoners who have been released so that they may reach their homes. They shall 3 THE HIGH COURT OF MADHYA PRADESH CRA No.3109/2020 (MISHRALAL Vs THE STATE OF MADHYA PRADESH ) also be given an option for staying in temporary shelter homes during the period of lockdown.
Accordingly, it is directed that before releasing the applicant, the jail authorities shall get the applicant examined by a competent Doctor and if the Doctor is of the opinion that his Corona Virus test is necessary, then the same shall be conducted. If the applicant is not found suspected of Covid19 infection or if his test report is negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house as per the directions issued by the Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS (Supra) , and if he is found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. The applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating Covid19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would sent him to the same jail from where he was released. The applicant is further directed to supply a copy of 4 THE HIGH COURT OF MADHYA PRADESH CRA No.3109/2020 (MISHRALAL Vs THE STATE OF MADHYA PRADESH ) this bail order to the police station having jurisdiction over his place of residence.
This order shall remain in force, till the conclusion of the present appeal. In case of bail jump or violation of any of the conditions mentioned above, this bail order shall automatically lose its effect.
The appellant shall appear before the Registry of this Court on 26/08/2021 and on all other dates, which may be given by the Registry in this behalf.
(G.S.Ahluwalia)
Pj'S/- Judge
PRINCEE
BARAIYA
2020.06.11
11:16:23 -07'00'