Shobha Sinha vs Union Of India

Heard the parties through video conferencing.

This interlocutory application has been filed with a prayer for confirmation of the provisional bail granted to the appellant- petitioner by this Court vide order dated 07.02.2020 or in alternative extension of the provisional bail granted to the appellant vide the said order dated 07.02.2020 for a further period of four months.

It is submitted by the learned counsel for the appellant- petitioner that the predecessor Judge in this appeal vide order dated 07.02.2020 was pleased to grant provisional bail to the appellant for a period of one month, on the ground that the son of the appellant was suffering from liver cirrhosis and his liver transplantation was required, with the condition that the appellant would surrender before the learned court below by 12.03.2020 and pursuant to that order, the appellant-petitioner was released from prison on 12.02.2020. It is next submitted by the learned counsel for the appellant-petitioner that vide order dated 25.02.2020, the predecessor Judge extended the provisional bail of the appellant- petitioner for a further period of two months from 12.03.2020 and the provisional bail of the appellant-petitioner was to expire on 12.05.2020 and vide order dated 25.02.2020, the appellant-petitioner was directed to surrender before the learned trial court on 12.05.2020. It was also ordered that if the appellant-petitioner does not surrenders by 12.05.2020 before the learned trial court, the learned court below shall immediately cancel the bail bond of the appellant-petitioner and proceed as per law and the learned counsel for the appellant-petitioner was directed to file a supplementary affidavit annexing the surrender certificate of the appellant- petitioner latest by 16.05.2020.

It is next submitted by Mr. Indrajit Sinha, the learned counsel for the appellant-petitioner that the doctors advised the son of the appellant-petitioner for liver transplantation and the daughter-in- law of the appellant-petitioner was chosen to be the donor of the liver. It is next submitted that after completing all the formalities of liver transplantation, the son of the appellant was diagnosed with chest infection and in the Mid-March, 2020, there was outbreak of COVID -19 Pandemic, which resulted in postponement of operation of the son of the appellant-petitioner for liver transplant. Though, it has not been mentioned in the instant interlocutory application, but Mr. Indrajit Sinha, the learned counsel for the appellant-petitioner submits that the said son of the appellant-petitioner expired on 08.10.2020. Hence, it is submitted that either the provisional bail granted to the appellant-petitioner be confirmed or the same be extended. Mr. Indrajit Sinha, further submits that a Full Bench of this Court in Cr. Appeal (DB) No. 117 of 2020, inter alia passed the following order on 07.04.2020:-

"Xxxxxxxxx In view of the fact that nationwide lockdown is to continue till 14th April, 2020 and period of interim reliefs granted in various cases of this Court and Civil Courts, may have expired or would expire between 16th of March till 14th April, 2020 and there is likelihood this Court may be flooded with the petitions to be filed by such petitioners/appellants or other persons in whose favour interim relief or provisional bail etc. have been granted but may have lapsed or would lapse in between the aforesaid period of lockdown and further, in view of extraordinary situation which is prevalent not only in the State but in the entire Country due to menace of Coronavirus, this Court, in order to ensure that lockdown is successful and social distancing is maintained and to avoid such unnecessary filing of petitions for extending the peremptory time, application for enlargement of provisional bail or any other interim relief or any order for compliance of any particular direction of the Court which could not be complied in various civil and criminal cases including appeals, writ petitions and miscellaneous cases filed in the High Court as well as in the Civil Courts of the State of Jharkhand including the present appeal, in exercise of its powers under Article 226 and 227 of the Constitution of India declare that such interim orders would automatically stand extended till 30th April, 2020, save and except those cases in which orders have been passed by the concerned court granting interim relief without giving a particular date, i.e., till further order(s) to be passed or such cases in which the Hon'ble Supreme Court of India has given any particular direction.

It is clarified that in view of the aforesaid extension of interim order, in cases of any urgent matter, the aggrieved party would be at liberty to approach the Court as may be advised."

It is next submitted by the learned counsel for the petitioner that because of the aforesaid order dated 07.04.2020, passed in Cr. Appeal (DB) No. 117 of 2020, the appellant-petitioner neither surrendered in the court below nor the counsel for the appellant- petitioner file the supplementary affidavit annexing therewith the surrender certificate of the appellant by 16.05.2020.

The learned counsel for the respondent opposed the prayer of the appellant-oetitioner.

Perusal of the record reveals that the appellant-petitioner has been convicted for the offences punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and has been sentenced to undergo Rigorous Imprisonment for five years and fine of Rs.10,00,000/- and in default of fine to further undergo Rigorous Imprisonment of six months. The appellant- petitioner has also been convicted for the offences punishable under Section 120B read with Sections 420, 407, 467, 468 & 471 of the Indian Penal Code for which she has been separately sentenced to undergo Rigorous Imprisonment of two years and fine of Rs.10,00,000/- and in case of default of fine to further undergo Rigorous Imprisonment for six months.

Perusal of the record further reveals that as per the order dated 25.02.2020, the appellant-petitioner was directed to surrender before the learned court below on 12.05.2020 but she has not done so and the ground for which the provisional bail was granted to the appellant-petitioner i.e. the treatment of her son no more exists as admittedly, the said son of the appellant-petitioner has expired on 08.10.2020.

Considering the aforesaid facts, this Court is not inclined to extend the period of provisional bail of the appellant-petitioner which has already been expired nor to confirm the same. The appellant-petitioner is directed to surrender before the court below on or before 22.10.2020, failing which, the trial court is directed to take all coercive steps for her apprehension and submit a report by 02.11.2020 to this Court, as to whether the appellant-petitioner has surrendered or not.

This interlocutory application stands disposed of accordingly.