The Madhya Pradesh High Court has granted bail and suspended substantive sentence on the consideration that the revision petition could not be heard any time soon due to the COVID-19 lockdown.
An application was filed by the applicant for suspension of his sentence under section 397 and 401 of the Cr.P.C pending revision.
Section 401 provides for the High Court’s power of Revision, and Section 397 states that he High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court in its local jurisdiction for the purpose of satisfying itself of the correctness, legality or propriety of any finding.
The applicant had been convicted for offence under section 138 of the Negotiable Instrument Act and sentenced to undergo one-year simple imprisonment along with fine of Rs.2,82,500.
The counsel for the applicant stated that that the applicant has been in custody since 31st of January,2020 and has already completed more than 2 and a half month as against the total sentence of one year, and has also submitted the total fine amount of Rs.2,82,500. He added that the revision petition that has been filed will not be heard anytime soon considering the present situation and the applicant might face problem in custody on account of the COVID-19 infection, since he is a patient of high blood pressure and had earlier suffered a mild paralytic attack.
Justice Prakash Shrivastava while allowing the application observed that this is a case for suspension of sentence as the period of sentence is short, applicant has already remained in custody and the revision petition is not likely to be heard on the question of admission early due to COVID-19 lockdown.
The Court ordered release of applicant on bail and suspension of the substantive sentence pending the revision petition, on furnishing bail of an amount of Rs.20,000.
-India Legal Bureau