Kamlesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1223 MP

                                                                      1                               CRR-965-2021
                                             The High Court Of Madhya Pradesh
                                                        CRR-965-2021
                                                       (KAMLESH Vs THE STATE OF MADHYA PRADESH)

                                   1
                                   Indore, Dated : 01-04-2021
                                         Shri Vishal Sharma, learned counsel for the petitioner.
                                         Ms Vinita Phaye, learned Public Prosecutor for the respondent/State.

Let the record of Courts below be requisitioned. Heard on I.A. No.6739/2021, an application under Section 397 r/W Sec 401 of Cr.P.C. for suspension of sentence and grant of bail.

T h e petitioner has been convicted under section 325 of IPC and sentenced t o suffer six months R.I. with fine of Rs.1000/- with default stipulation by the trial Court vide judgment dated 27.02.2019 passed in Criminal Case No.1812/2015. The appellate Court maintained the conviction and sentence vide judgment dated 02.02.2021 passed in Cr.A. No.30/2019.

Learned counsel for the petitioner submits that the petitioner is innocent and he has not committed the crime as alleged. The petitioner is in jail since 04.03.2021. It is submitted that learned Courts below have not properly appreciated the evidence, and committed error. During Covid-19 pandemic

the regular criminal revisions are not being taken up for consideration on merits. Therefore, prays for suspension of sentence and enlargement of petitioner on bail, on such terms and conditions this Court deems fit and proper.

Learned Public Prosecutor opposes the bail application. Taking into consideration facts and circumstances of the case and the fact that revision will take time, the application is allowed. It is directed that the jail sentence of the petitioner shall remain suspended and he be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one solvent surety in the like amount to the satisfaction o f the trial Court subject to deposit of the fine amount. The petitioner is Signature Not Verified SAN directed to appear before the Registry of this Court on 16.06.2021 and on

Digitally signed by SEHAR HASEEN Date: 2021.04.01 19:00:34 IST 2 CRR-965-2021 other dates as may be fixed in this behalf with following further conditions.

(i) the petitioner shall 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 petitioner, the medical examination of the petitioner be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the petitioner shall be released on bail in terms of the conditions imposed in this order ;

In the event of violation of any of the terms and conditions of the order by the petitioner, the prosecution is at liberty to seek cancellation of the bail granted to the petitioners.

Learned Public Prosecutor is directed to send an e-copy of this order to the Court concerned for necessary compliance.

Accordingly, the IA stands disposed of.

(ROHIT ARYA) JUDGE

sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.04.01 19:00:34 IST