Vinod @ Pepsi vs State Of M.P.

I.A. No. 7946/2020, an application u/S 5 of the Limitation Act for condonation of delay.

Though the reasons assigned in the application for condontaion of delay is not satisfying but considering the fact appellant is a person of meager means and from humble background, this Court is inclined to condone the delay in filing this appeal.

I.A. No 7946/2020 is allowed. Delay of 726 days in filing this appeal is condoned.

Heard on the question of admission.

Being arguable, the appeal is admitted for hearing.

Also heard on I.A.No.6573/2020, first application u/S. 389 Cr.P.C. for suspension of sentence moved on behalf of appellant - Vinod @ Pepsi.

This criminal appeal assails the judgment dated 25.04.2018 passed in S.S.T. No.21/2013 by Special Judge (MPDVPK, Act) Karera, district Shivpuri (M.P.), whereby appellant-Vinod @ Pepsi has been convicted as under: :-

Section

Imprisonment

Fine

Section 392 r/w section397 of IPC

10 years R.I.

Rs. 2000/- with default stipulation.

Section 392 r/w section397 of IPC

10 years R.I.

Rs. 2000/- with default stipulation.

Learned Panel Lawyer for the State opposed the said IA and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

It is submitted by counsel for the appellant that appellant has suffered about two years and five months of incarceration as against sentence of 10 years R.I. Imposed.

In view of above and considering the extra-ordinary circumstances prevailing due to Covid-19 pandemic and that there is no hope of this appeal coming up in the near future for final hearing, this Court is inclined to grant bail to the appellant-Vinod @ Pepsi by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A.No.6573/2020 is allowed and it is directed that the jail sentence of appellant-Vinod @ Pepsi will remain under suspension subject to verification that the amount of fine has been deposited, on the appellant's furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent sureties of the like amount to the satisfaction of concerned Magistrate for his appearance before the concerned Magistrate on 14/12/2020 and on such further dates as may be fixed by him which shall be of frequency not less than once in a year.

In case, appellant is found absent on any date fixed by the concerned Magistrate then the said Magistrate 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 appellant 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 appellant. (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 appellant 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 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 appellant and pass it on to the concerned PLV. (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 एवं सम्बंधित पी एल वी को हस्तांतरित करें।)

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 Paralegal Volunteers of the area concerned to verify as to whether appellant has complied with abovementioned condition or not and submit report once every month.

In case report regarding abovementioned 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.

The appellant has gracefully volunteered to donate Rs.5000/- (Rs. Five Thousand Only) in the account of the High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to ongoing Covid-19 pandemic. This Court has no manner of doubt that the office bearers and the Senior members of the Bar shall ensure that the donation reaches the rightful and deserving claimants. Let the donation be deposited within seven (7) working days from the date of release.

A copy of this order be sent to the Magistrate of the concerned district for compliance.

C.c as per rules.