Madhya Pradesh High Court
Kheru @ Arvind vs The State Of Madhya Pradesh on 21 May, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
CRR.1597.2020.
(Kheru alias Arvind Vs. State of M.P. )
GWALIOR; dated 21.5.2020.
Shri R.K.Shrivstava, learned counsel, for the petitioner.
Shri Vijaysunderam, learned P.L., for the respondent /State.
In the wake of unprecedented and uncertain situations due to the outbreak of Novel Corona Virus COVID-19 and considering the advisories issued by the Government of India, this application is being heard and decided through video conferencing to maintain social distancing. The parties are being represented through their respective counsels through VC and therefore, norms of social distancing/physical distancing were followed in letter and spirit.
The petitioner has filed this Cr.Revision under Section 397 read with section 401 of Cr.P.C against the judgment dated 16.3.2020 passed by the Court of I ASJ, Dabra district Gwalior in Cr.Appeal No.239 of 2015 affirming the judgment dated 2.5.2015 passed by the Court of Judicial Magistrate, First Class Dabra in Cr.Case No. 401 of 2011 convicting the petitioner under Section 325 of the IPC and sentencing him to undergo RI for one year with fine of Rs. 500/- with default stipulation.
Heard on I.A.No.2854 of 2020, which is the first application under Section 397(1) of the Cr.P.C moved on behalf of the petitioner for suspension of sentence and grant of bail.
Learned counsel for the petitioner submits that the petitioner remained on bail during trial of the case and pendency of the appeal. 2
THE HIGH COURT OF MADHYA PRADESH CRR.1597.2020.
(Kheru alias Arvind Vs. State of M.P. ) However, he has been undergoing the jail sentence since the date of impugned judgment i.e. 16.3.2020 and that he had deposited the fine amount. He submits that this revision is of the year 2020 and that there is no likelihood of this revision being listed for final hearing in recent future. He submits that looking to the short term of remaining jail sentence, this revision becomes infructuous in case the petitioner would have suffered the same before this revision being decided on merits. He submits that the petitioner has good case on merits. He undertakes to serve the national cause by making contribution in PM Care Fund and install Arogya Setu App. Upon these submissions, she prays to allow the I.A. Learned Public Prosecutor has opposed the prayer. 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 3 THE HIGH COURT OF MADHYA PRADESH CRR.1597.2020.
(Kheru alias Arvind Vs. State of M.P. ) 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 fact situation, wherein, we are facing wrath of pandemic COVID-19, this Court is of the considered opinion that petitioner deserves to be released on bail by suspending his sentence.
Considering the submissions of the counsel for the parties and ground of parity and in particular, the directions issued by Hon'ble Apex Court in the case stated above, but without commenting on merits of the case, I am of the view that a case is made out for suspension of custodial jail sentence of petitioner and grant of bail to him during pendency of this revision. Hence, the I.A. is allowed.
The execution of remaining jail sentence of petitioner is hereby suspended and he be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty thousand) with one solvent surety of the same amount to the satisfaction of trial court, subject to 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 by it in this regard until further orders. The petitioner shall deposit 4 THE HIGH COURT OF MADHYA PRADESH CRR.1597.2020.
(Kheru alias Arvind Vs. State of M.P. ) Rs.3,000/- 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 petitioner is also directed to furnish surety of Rs.50,000/- to the satisfaction of concerned trial court within a period of 15 days from the date of beginning of regular functioning of the court;
Call for the record of the courts below and list thereafter for admission in due course along with the records.
Petitioner shall install Arogya Setu App in his mobile immediately and would intimate her place of residence to the SHO of concerned Police Station; where he resides. Petitioner 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 (COVIC-19) pandemic. In view of the COVID-19, jail authorities are directed that before releasing the petitioner, medical examination of petitioner 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 5 THE HIGH COURT OF MADHYA PRADESH CRR.1597.2020.
(Kheru alias Arvind Vs. State of M.P. ) test if required, be ensured, otherwise petitioner 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.
Certified copy as per rules.
(Vishal Mishra) Judge Rks.
RAM KUMAR SHARMA 2020.05.21 18:07:52 +05'30'