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Judgment
Sheel Nagu, J
Learned counsel for the rival parties are heard through video conferencing.
IA.17505/2020 second repeat application u/Sec. 397 (1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of petitioner is taken up and considered.
This criminal revision assails the judgment dated 12.04.2013 passed in Regular Criminal Appeal No.128/2013 by Additional Sessions Judge, Bhind (M.P.) whereby the judgment of conviction and order of sentence dated 22.01.2013 passed in Criminal Case No.1333/2012 by Judicial Magistrate First Class, Bhind (M.P.) has been confirmed by which petitioner has been convicted and sentenced as under with default stipulation :-
Sections
Imprisonment
Fine
25(1-b)(a) Arms Act
One year's RI
Rs.1,000/- with default stipulation
Learned counsel for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for suspension of sentence is made out.
Learned counsel for the petitioner informs that the petitioner has suffered one year and about seven months' incarceration as against sentence of One year's RI imposed by the judgment under challenge.
Though the factum of petitioner having suffered one year and seven months is not evident from the record but it appears that he was in custody for about four months between the date of impugned judgment and the date when his sentence was suspended by this Court on 17.05.2013 and thereafter it appears that he remained absconding for a period of six years and could be arrested and brought before this Court on 20.03.2019 since when he is in custody. Therefore, the record reveals that the petitioner has suffered about atleast 7+4= 11 months' incarceration, if not more.
Since the sentence imposed is only of one year and that there is no likelihood of early disposal of the present revision in the near future due to ongoing Covid-19 pandemic crises, without entering into the merits of the matter, this Court deems it appropriate to release the petitioner on bail by way of suspension of sentence.
Accordingly, without expressing any opinion on merits, IA.17505/2020 is allowed and it is directed that the jail sentence of petitioner will remain under suspension subject to verification that the amount of fine has been deposited, on petitioner furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned CJM for his appearance before the concerned CJM on 15.12.2020 and on such further dates as may be fixed by him which shall be of frequency not less than once a year .
In case, the petitioner is found absent on any date fixed by the CJM, then the said CJM shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.
The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt. during release, travel and residence of the petitioner during period of suspension of sentence as a consequence of this order.
The petitioner as a Shiksha Swayamsewak shall render physical and financial assistance to Govt. Primary School situated nearest to his residence for ensuring hygiene and sanitation and for removing deficiencies of infrastructural amenities in the said School from the skill /resources of petitioners. याचिकाकर्ता एक शिक्षा स्वयंसेवक के रूप में अपने निवास के निकट अवस्थित सरकारी प्राथमिक विद्यालय में स्वच्छता और आरोग्य को सुनिश्चित करने के लिए शारीरिक एवं वित्तीय सहायता प्रदान करेगा तथा अपने कौशल व संसाधनों से उक्त विद्यालय में अवसंरचनात्मक सुविधाओं की कमियों को दूर करेगा।
The petitioner after selecting a particular Govt. Primary School shall inform about the same to the office of Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area), within whose territorial jurisdiction the said school is situated. याचिकाकर्ता एक विशिष्ट प्राथमिक सरकारी स्कूल का चयन करने के पश्चात् इसके बारे में ग्राम पंचायत के कार्यालय (ग्रामीण क्षेत्र के मामले में) और/या सम्बंधित वार्ड के वार्ड अधिकारी (शहरी क्षेत्र के मामले में) जिसके क्षेत्राधिकार में उक्त स्कूल अवस्थित है, को सूचित करेगा।
It will be joint responsibility of Sarpanch and Secretary of said Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area) to preserve the said information provided by the petitioner. यह,सम्बंधित वार्ड के वार्ड अधिकारी (शहरी क्षेत्र के मामले में) और/या उक्त ग्राम पंचायत के सरपंच और सचिव (ग्रामीण क्षेत्र के मामले में) की संयुक्त जिम्मेदारी होगी कि, याचिकाकर्ता द्वारा प्रदत्त सूचना को संरक्षित करे।
The Registry of this court shall communicate this order through Legal Aid Officer, SALSA, Gwalior to the Collector, District Education Officer, Block Education Officer of the district/block concerned for information and compliance.
A copy of this order be supplied to the Legal Aid Officer, SALSA, Gwalior who is directed to communicate this order to the District Education Officer, Block Education Officer of the district/block concerned to verify as to whether petitioner has complied with abovementioned condition or not and submit report once every month.
In case report regarding abovementioned condition is not filed or report is found to be wanting in any manner then Registry is directed to list this matter as PUD before appropriate Bench.
A copy of this order be sent to the Magistrate of the concerned district for compliance.
C.c. as per rules.