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Judgment
Record of the trial court has been received.
Heard on the question of admission.
The matter is admitted for final hearing.
Also heard on I.A.No. 4538/2020, which is first application for suspension of sentence and grant of bail to the appellants.
The appeal has been preferred under Section 374(2) of the Cr.P.C., 1973 by the appellants against impugned judgment dated 24.02.2020 in Spl. case No. 300017/2015 passed by learned Special Judge, Electricity Act, Khandwa, Distt.-Khandwa whereby the appellants have been convicted for the offence punishable under Section 135(1)(a) of Electricity Act and have been sentenced to undergo R.I. for one year with a fine of Rs. 2000/-, According to prosecution, the allegation against the appellants is that on 02.04.2014, appellants theft wire of 11 kb and took on motor cycle and going to sell it. Police seized wire from the possession of appellants.
Learned counsel for the appellants submitted that the appellants were already on bail by learned trial court till 24.03.2020 and thereafter, his temporary bail period has been extended by this court for further two months vide order dated 06.03.2020 till 25.05.2020. Thereafter due to lockdown hearing of the appeal is withheld. There are material contradiction and omission in the evidence of the prosecution witnesses. There are fair chances to succeed in the case. This appeal is of year 2020. Final hearing of this appeal will take time due to outbreak of pandemic COVID-19. Therefore, the application filed on behalf of the appellants may be allowed and the period of their remaining jail sentence may be suspended further and they may be released on bail.
Learned counsel for the respondent-State has opposed the application. Considering the whole circumstances of the case and looking to the facts that sentence of the appellants has already been suspended by the trial court till 24.03.2020, which was extended by this court till 25.05.2020, this appeal is of year 2020, it will take time for final disposal due to COVID-19 but without expressing any opinion on the merits of the case, I.A is allowed.
It is directed that execution of jail sentence of appellants-Imran Khan and Rahees Khan be suspended on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along with one solvent surety each of the like amount, to the satisfaction of the trial Court. It is also directed that the appellants shall appear and mark their presence before the trial court on 14.10.2020 and on all such other future dates, as may be fixed by trial court in this regard, till disposal of the appeal.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-
The Jail Authority shall ensure the medical examination of the appellants by the jail doctor before his release.
The appellants shall not be released if they are suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3 . If it is found that the appellants are suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing them in appropriate quarantine facility.
List the matter for final hearing in due course. Certified copy as per rules.