Madhya Pradesh High Court
Ammu @ Amar vs The State Of Madhya Pradesh on 11 June, 2021
Author: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1646/2021
( Ammu @ Amar and Anr. vs. State of M.P.)
Gwalior, Dated : 11.06.2021
Shri Sunil Kumar Jain, counsel for the appellants.
Shri B.S. Gour, Panel Lawyer for the respondent/State.
This criminal appeal under Section 374 of Cr.P.C has been filed
by the appellants against the judgment dated 5.3.2021, passed in
S.T.No. 34/17 by learned Sixth Additional Session Judge, Shivpuri,
District Shivpuri whereby the appellants have been convicted u/S. 307,
307/ 34 of IPC and sentenced to undergo 7 years' R.I. each with fine of
Rs.1000/- each with default stipulation.
Further heard on I.A. No.7602 of 2021, which is the first
application under Section 389 of Cr.P.C for suspension of jail sentence
on behalf of the appellants.
It is submitted by the counsel for the appellants that the
appellants were on bail during trial and they never misused the liberty
granted to them. The amount of fine have already been deposited by
the appellants. He has relied upon the judgment passed by the Hon'ble
Supreme Court in the case of RE : CONTAGION OF COVID 19
VIRUS IN PRISONS in SUO MOTU W.P. (C) No. 1/2020
as well as by the Division Bench of the Principal seat on 17.05.2021
IN RE: CONTAGION OF COVID 19 VIRUS IN
PRISONS in SUO MOTU W.P.(C) No.9320/2021 regarding
decongestion of prisoners and prays for suspension of sentence and
grant of bail to the appellant.
On the other hand, learned Panel Lawyer has opposed the
application and prays for its dismissal.
Heard learned counsel for the parties and perused the record.
Considering the and circumstances of the case as well as the
judgments passed in the aforesaid cases regarding decongestion of
prisoners and considering the Covid-19 pandemic scenario, this Court
deems it appropriate to allow the application as interim suspension.
Accordingly, application for interim suspension of sentence is
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1646/2021
( Ammu @ Amar and Anr. vs. State of M.P.)
allowed. The appellants are directed to be released by suspending their
interim sentence for period of 90 days (from the date of their release)
on furnishing a personal bail bond of Rs.50,000/- (Rs. Fifty Thousand
Only) each to the satisfaction of concerning trial Court, subject to
verification that fine amount has been deposited. The appellants are
further directed to abide by all the terms and conditions. The appellants
shall surrender before concerned trial Court on completion of 90 days
from the date of release and information to this effect shall be sent by
the court concerned to Registry of this court.
Appellants shall install Arogya Setu App in their mobile
immediately and would intimate their place of residence to the SHO of
concerned Police Station; where they resides. Appellants further
submit the undertaking to the effect that they 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 appellants, medical examination of appellant shall
be undertaken by the jail doctor and on prima facie, if it is found that
they are having the symptoms of COVID-19, then consequential
follow up action including the isolation/quarantine or any test if
required, be ensured, otherwise appellants shall be released
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1646/2021
( Ammu @ Amar and Anr. vs. State of M.P.)
immediately on bail and shall be given a pass or permit for movement
to reach their place of residence.
E- copy of this order be provided to the appellants 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.
Certified copy as per rules.
(Vishal Mishra)
Judge
van
SMT VANDANA
VERMA
2021.06.14
11:30:35 -07'00'
