AI Structured Summary
Not yet generated for this judgment
Judgment
On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, heard on admission as well as on I.A. No.6125/2020, an
application for suspension of sentence and grant of bail to the applicants, through Video Conferencing to maintain social distancing. The necessary
parties have been represented by their respective counsel through Video Conferencing.
The revision seems to be arguable, hence admitted for final hearing.
Applicants have been convicted under Section 51 of the Wild Life (Protection) Act, 1972, and sentenced to R.I. for one year with fine of Rs.1000/-
each with default stipulation in Criminal Appeal No.62/2019 by learned Additional Sessions Judge, Pavai, vide judgment dated 17.03.2020.
It is submitted by learned counsel for the applicants that there is contradiction and omission and the judgment suffers from serious infirmities as the
allegation is regarding the seizure of meat/flesh and two legs, however, the seizure is shown of dead dear.
Learned Government Advocate for the respondent/ State has opposed the bail application.
On due consideration of the facts and circumstances of the case, and looking to the short period of jail sentence, it is directed that if applicants furnish
a surety in the sum of Rs.50,000/- each (Rs. Fifty Thousand Only) and execute a personal bond in the like amount to the satisfaction of concerned trial
Court, the execution of the sentence of imprisonment passed against them shall remain suspended and they shall be released on bail.
Once the Court below is satisfied, as regards the bail bonds, the jail authorities shall comply with the directions given by the Supreme Court with
regard to release of under trial prisoner from jail by ensuring that they are first examined by the jail doctor and if they show any symptoms of COVID
19, refer them to such hospital designated by the State and the said hospital, thereafter shall follow the protocol laid down by the State, with regard to
the applicants. The State shall also comply with the directions of the Supreme Court passed in Writ Petition No.1/2020 about the transportation of such
prisoners from the jail to their place of residence.
After release, the applicants shall now appear before the Registry of this Court on 09.04.2021, and on such other dates which normally will not be less
than the period of eight months as may be directed to them in this regard till final disposal of this revision.
It is made clear that sentence of fine amount is not suspended.
With the above the application I.A. No.6125/2020 is finally disposed of.
A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Piyush Jain, learned Govt. Advocate, on
their respective email addresses, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the
learned Court below.
Let record of both the Courts below be requisitioned.
List for final hearing in due course.