RAJKUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona Virus (COVID-19) and considering the advisories issued by the government of India, this appeal has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/physical distancing in letter and spirit.

(2.) Heard on I.A. No.13751/2020, third application under Section 389(1) of Cr.P.C for suspension of jail sentence on behalf of the appellant No.2 Moolchand who stood convicted by the order dated 10.07.2018 passed in Sessions Trial No.161/12 by the First Additional Sessions Judge, Ashoknagar under Section 306, 34 of IPC and sentenced to undergo 6 years' RI with fine of Rs.5000/- with default stipulation. First application was rejected on merits vide order dated 16.08.2018 and second application was dismissed as withdrawn vide order dated 30.08.2019.

(3.) It is submitted that the present application is filed on the basis of the period of custody and looking to the present COVID 19 scenario. It is submitted that he has remained under custody for more than two years. He is ready to abide by all the terms and conditions and has shown his willingness to contribute an amount of Rs.5000/- in the account of the High Court Bar Association Gwalior for the benefits of lawyers during this COVID19 pandemic scenario.