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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4768 of 2022
(RAJESH MEENA Vs THE STATE OF MADHYA PRADESH)
Dated : 06-06-2022
Shri Rajendra Singh Yadav, learned counsel for the appellant.
Ms. Kalpana Parmar, learned Panel Lawyer for respondent/State.
IA No.8801/2022 an application under Section 5 of Limitation Act for condonation of delay in filing present appeal is taken up, considered and allowed for the reasons mentioned therein and the delay, if any, stands condoned. IA No.8801/2022 is closed.
Heard on the question of admission.
Appeal is admitted for final hearing.
Record of the trial court be requisitioned. Also heard on IA.8788/2022, which is the first application under Section 389(1) of Cr.P.C. moved on behalf of appellant seeking suspension of sentence and grant of bail.
Appellant stood convicted under Section 363 IPC and sentenced to undergo RI for two years with a fine of Rs.2,000/- with default stipulation vide judgment of conviction and order of sentence dated 30.10.2021 passed by II Additional Sessions Judge/Special Judge (POSCO Act, 2012) Vidisha (M.P.) in SCATR No.57/2014.
Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated. Appellant has suffered jail incarceration for about nine months as against the sentence imposed upon him of two years' RI. It is submitted that impugned judgment is based on surmises and conjectures and suffers from perversity of approach. Fine amount has already been 2 deposited before the learned Trial Court. There is no likelihood of the early hearing of the appeal. With the aforesaid submissions, learned counsel for appellant prays for suspension of sentence and grant of bail.
Per contra, learned Panel Lawyer for the respondent-State opposes the application supporting the impugned judgment with submission that no exception can be taken in the matter of suspension of jail sentence and grant of bail to the appellant.
Upon hearing learned counsel for the parties, though this Court refrains from commenting on merits of contentions advanced, but in the obtaining facts and circumstances, IA.8788/2022 deserves to be and is hereby allowed.
Accordingly, it is directed that the jail sentence of appellant shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court. The appellant is directed to appear before the Registry of this Court first on 12/07/2022 and on other subsequent dates as may be fixed in this behalf with following further conditions:-
(i) the appellant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-
19);
(ii) the concerned Jail Authorities are directed that before releasing the appellant, the medical examination of the appellant be 3 conducted through the jail doctor and if it is prima facie found that he is having any symptom of COVID-19 then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately;
(iii) On violation of the conditions, State is free to apply for cancellation of bail. Accordingly, the I.A. stands allowed and disposed of.
Certified copy as per rules.
(ROHIT ARYA) V. JUDGE pd Digitally signed by PAWAN DHARKAR PAWAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, DHARK 2.5.4.20=5da1b3ce5c6aee672b1f51a5cf f5661c113046ab7ebb8031c36dcac447 2c040a, pseudonym=22FE9CB9F7CF0345E7FFA C9031E38DF6A29B4C10, AR serialNumber=C72B9531562BC6028F5 D6E42E82477C85878470B30E4A7672C CA523E83C0BCB9, cn=PAWAN DHARKAR Date: 2022.06.07 15:34:42 +05'30'