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Judgment
Submissions were made on application-IA No.2675/2020 which is first application for temporary suspension of jail sentence of appellant-Amit who
has been convicted for committing offence under Sections 148, 302/149 of Indian Penal Code, 1860 and Section 25(1-B) A of Arms Act, 1959 and
has been sentenced to Life Imprisonment along with fine with further default stipulation u/sec. 302 IPC as also under other offences found proved by
Special Judge, SC/ST Act, 1989, Indore in Sessions Case No.80/2011 vide judgment dated 24.04.2019.
Learned counsel for the appellant has submitted that in the current medical emergency of Pandemic COVID-19 spread throughout the country, there
is a grave risk of contacting the disease to prisoners in Indore as there are 2000 prisoners in Central Jail, Indore and it is not possible to maintain social
distancing which is required for preventing the disease. Hence, in view of ciculars dated 27.03.2020 and 30.03.2020 passed by Jail Authority at Bhopal
(Annexures 1 and 2), the appellant-Amit deserves to be granted temporary suspension of jail sentence for a period of three months and that appellant
is ready to furnish adequate surety for the same.
Along with this application, another application-IA No.2676/2020 for dispensing with filing of Vakalatnama has also been submitted since the Jail
Authority has not provided any Email where the aforesaid Vakalatnama could have been sent.
The application-IA No.2676/2020 for dispensing with filing of Vakalatnama was considered and the same is being allowed. Accordingly IA
No.2676/2020 stands disposed off.
Learned counsel for the appellant has submitted that after conviction dated 24.04.2019, the appellant-Amit was not eligible for parole as he has not
completed two years of jail sentence and therefore he is constrained to file the present application.
Learned public prosecutor for the respondent/State was also heard and he has referred to Hon'ble Apex Court order dated 23.03.2020 pronounced in
Suo-Motu Writ Petition (Civil) No.01/2020 which provides for giving the benefit of parole/interim bail to such class of prisoners who have not been
convicted for committing heinous offences and is not applicable to the present appellant. He submits that present appellant is convicted for committing
serious offence punishable under Section 302 IPC and appellant does not deserves temporary suspension of jail sentence even as per the categories
enumerated by High Powered Committee.
Considered.
The Hon'ble Apex Court in the judgment In â€" Re contagion of COVID-19 Virus in prison (Suo-Motu Writ Petition (Civil) No.01/2020) dated
23.03.2020 has directed the High Powered Committees of States to examine the class/classes of prisoners who can be released on parole or on
interim bail for such period as may be considered to be appropriate. An example has been given whereby the prisoners convicted for punishment up-to
seven years or less can be considered for giving such benefit.
The High Powered Committee of MPSLSA, Jabalpur, vide its Resolution dated 26.03.2020 has resolved that such prisoners who satisfy the general
conditions of parole can be considered for temporary release from jail on account of Pandemic COVID-19 who are more than 55 years of age in case
of male prisoner or who are afflicted with cancer or serious heart problems.
As already admitted by learned counsel for the appellant, since the appellant-Amit has not completed two years in jail, hence he is not entitled for
parole. In view of such submission, Circular dated 26.03.2020 is not applicable in case of present appellant. Moreover, he does not come under the
category of 'Senior Citizen' (more than 55 years of age) and he is also not suffering from any serious disease mentioned in the aforesaid circular.
Annexures 1 and 2 referred to by learned counsel are based on aforesaid circular and since the appellant does not satisfy the eligibility criterion, he
cannot be given the benefit of temporary suspension of jail sentence as shown in Annexures 1 and 2. The appellant-Amit is convicted for a serious
offence under Section 302 IPC. Hence, we are of the considered opinion that it would not be appropriate to allow this application-IA No.2675/2020
for temporary suspension of jail sentence. Consequently, IA No.2675/2020 which is an application for temporary suspension of jail sentence stands
rejected.