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Judgment
In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.
I.A. No. 6307/2020, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.
Also heard on I.A. No. 3110/2020, an application for change in counsel.
In view of averments made in the application, I.A. No.3110/2020 is allowed.
Shri Yash Sharma and his Associates are permitted to prosecute this case on behalf of the appellant No. 4.
Heard on I.A. No. 6308/2020, which is Second application for suspension of sentence and grant of bail filed on behalf of the appellant No. 4.
This appeal has been preferred against the judgment dated 22/05/2015 passed by Special Judge (Electricity Act. 2003), Dabra, District Gwalior in SST No. 633/2011, whereby the appellant No. 4 has been convicted under Section 136 of Electricity Act, 2003 and sentenced to undergo two years imprisonment with fine of Rs. 500/-with default stipulation.
Learned counsel for the appellant submits that present appellant No. 4 has been falsely convicted. It is further submitted that there are omissions and contradictions in the evidence of the prosecution witnesses. It is further submitted that prosecution has not examined any independent witness, but only interested witnesses have been examined. Attention has also been invited to the guidelines issued to all the States and Union Territories by the Apex Court for de-congesting the prisons in suo motu W.P. (C) No. 1/2020 (IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS) to consider release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less by constituting a High Powered Committee. There are fair chances of success of this appeal and the appeal may take long time for its conclusion and the appellant cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and he be released on bail.
On the other hand, learned counsel appearing on behalf of the respondent opposes the bail application.
Keeping in view the aforesaid submission of learned counsel for the parties and the facts & circumstances of the case, I.A. No. 6308/2020 is allowed.
It is, therefore, directed that if appellant No. 4 deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) to the satisfaction of trial Court for his appearance before the Registry of this Court on 7th December, 2020 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail. The appellant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus. The appellant No. 4 shall install Arogya Setu App.(If not already installed) in the mobile phone.
In view of allowing of instant I.A. No. 6308/2020, I.A. No. 604/2020, an application for recall of order of bailable warrant dated 19/11/2019 has become infructuous, therefore, I.A. No. 604/2020 is hereby dismissed as rendered infructuous.
Learned counsel for the respondent is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.
Certified copy/e-copy as per rules/directions.