Jharkhand HC Directs to Release Former BJP MP & Others on Showing Proof of Payment in PM CARES Fund: COVID-19

The High Court of Jharkhand at Ranchi on Thursday has granted bail to the Former BJP MP Som Marandi & five others who were sentenced for a period of 1 year for the offence under Section 174 (a) Railways Act, on showing proof of payment of Rs 35,000/- each in Prime Minister’s Citizens Assistance and Relief in Emergency Situations (PM CARES) Fund. 

The Court also directed them to download the ‘Aarogya Settu App’ immediately after being released from custody and shall abide by the directions of the Central Government as well as State Government issued in connection with containment of Covid-19 pandemic

The Criminal Revision was filed by the Former BJP MP Som Marandi, Vivekanand Tiwari, Amit Agarwal, Hisabi Rai, Sanchay Bardhan & Anugrah Prasad Sah before the bench of Justice Anubha Rawat Choudhary, High Court for suspension of sentence/for grant of bail during the pendency of the case and setting aside the judgment passed by learned Sessions Judge, Sahibganj in Criminal Appeal whereby the learned Court dismissed the appeal confirming the judgment passed by Railway Judicial Magistrate, Sahibganj in Railways Act convicting and sentencing the petitioners to undergo S.I. for a period of 1 year each for the offence under Section 174 (a) Railways Act. 

Ld. Counsel for the opposite party said that the matter arises out of a complaint case filed by an officer of Railways and accordingly Railway is a necessary party to the case. Subsequently, learned counsel for the petitioners seeks permission to add Eastern Railways through the General Manager, having his office at Howrah, West Bengal as another opposite party in the case.

Petitioners Counsel made submission before the court that the learned Lower courts have not properly considered the case of the petitioners under the provisions of Probation of Offenders Act while passing the sentence. He further added that the learned court below has not taken into consideration the provisions of Section 179(2) of the Railways Act, 1989 and petitioners have been convicted only for a period of one year under Section 174(a) of the Railways Act and they may be enlarged on bail during pendency of the present case.

Thereafter, he said petitioners will abide by any condition that may be put by the high court including any contribution in ‘Prime Minister’s Citizens Assistance and Relief in Emergency Situations (PM CARES) Fund’ created for the purposes of dealing with COVID-19 Pandemic and accordingly the learned counsel submits that the petitioners are ready to deposit Rs. 35,000/- each in the Prime Minister’s Citizens Assistance and Relief in Emergency Situations (PM CARES) Fund.

Therefore, the High Court permitted the counsel for petitioners to add Eastern Railways through the General Manager, having his office at Howrah, West Bengal as opposite party. The court also suspended the sentence of the petitioners and directed to be enlarged on bail in connection with Railways Act Case upon furnishing personal bond up to the satisfaction of learned Trial Court considering the lock down under pandemic Covid-19, on the following conditions; –

1. The petitioners shall show proof of payment of Rs. 35,000/-(Thirty Five thousand) each in the ‘Prime Minister’s Citizens Assistance and Relief in Emergency Situations (PM CARES) Fund’ before the learned court below prior to their release. 
2. The petitioners shall download the ‘Aarogya Settu App’ immediately after being released from custody and shall abide by the directions of the Central Government as well as State Government issued in connection with containment of Covid-19 pandemic.  
3. The petitioners will submit self-attested copy of their Aadhar Card and also give their mobile number before the learned court below which they will not change during the pendency of this case without prior permission of this court.

“Considering the submissions made, post this case on 08.07.2020 under appropriate heading,” said Court.