2020 (5) TMI 556 - HC - Indian Laws

Grant of Bail - conviction of sentence under section 6 read with section 5(m) of the POSCO Act - suspension of sentence on 13.04.2020 - prevailing COVID-19 pandemic situation - HELD THAT - Although the record shows that the applicant has only been in prison since 24.02.2020 which was the date the sentencing order was passed ; and that he has been convicted of heinous offences under the POCSO Act, in the unprecedented circumstances of a public health emergency that prevail today and the consequent need to decongest prisons for the overall medical safety of all prisoners, this court is persuaded to grant to the appellant interim suspension of sentence for a period of three months subject to the conditions - The appellant shall furnish a personal bond in the sum of ₹ 50,000/- to the satisfaction of the Jail Superintendent. Considering the prevailing lockdown, the furnishing of surety as a condition of bail, is dispensed with at this stage. List before Roster Bench in the category of Regular matters in due course.

Summary

Issues:
1. Application for suspension of sentence and grant of bail under section 389 of Cr.P.C.
2. Accuracy of medical report in reflecting the true medical condition of the appellant.
3. Appellant's medical history and current health conditions.
4. Opposition to suspension of sentence by the State despite acknowledging appellant's vulnerable medical position.
5. Granting interim suspension of sentence with specified conditions due to public health emergency and decongestion of prisons.

Issue 1: Application for suspension of sentence and grant of bail under section 389 of Cr.P.C.

The criminal appeal was admitted, and notice was issued for suspension of sentence. The Jail Superintendent was directed to provide a medical report on the appellant's condition. The appellant sought suspension of sentence due to health concerns, which led to a detailed examination of his medical history and current health status.

Issue 2: Accuracy of medical report in reflecting the true medical condition of the appellant.

The appellant's counsel argued that the medical report did not accurately depict his true medical condition. Reference was made to past medical records indicating illnesses like myasthenia gravis, diabetes, hypertension, and bronchial asthma. The appellant, a retired school teacher aged 73, required heavy medication and regular monitoring due to his medical vulnerabilities.

Issue 3: Appellant's medical history and current health conditions.

The appellant's medical history revealed past hospitalizations and ongoing medical treatment for various health issues. Despite the stable condition mentioned in the medical report, his counsel emphasized the need for continuous care and monitoring to maintain his health given his age and medical vulnerabilities.

Issue 4: Opposition to suspension of sentence by the State despite acknowledging appellant's vulnerable medical position.

The State opposed the suspension of sentence due to the appellant's conviction under the POSCO Act. However, it acknowledged his vulnerable medical position in prison. The appellant had paid the imposed fine and compensation to the victim, but the State raised concerns about the gravity of the offenses and the short duration of the appellant's imprisonment.

Issue 5: Granting interim suspension of sentence with specified conditions due to public health emergency and decongestion of prisons.

Despite the serious nature of the offenses and recent imprisonment, the Court considered the public health emergency and the need to decongest prisons. Interim suspension of sentence for three months was granted with specific conditions, including a personal bond, restrictions on movement, regular communication with authorities, and surrendering the passport. The Court aimed to ensure the appellant's medical safety while balancing the legal considerations of the case.

The judgment carefully balanced the legal aspects of the case with the appellant's health concerns and the public health emergency. By granting interim suspension of sentence with stringent conditions, the Court addressed the appellant's medical vulnerabilities while upholding the seriousness of the offenses and legal procedures. The detailed analysis of the appellant's medical history and the State's opposition provided a comprehensive view of the factors considered in reaching the decision.