Keshav Singh Dangi vs The State Of Madhya Pradesh
2021 Latest Caselaw 1244 MP

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              The High Court Of Madhya Pradesh
                         CRR-911-2021
              (KESHAV SINGH DANGI Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:-05/04/2021
       Shri Amit Goswami, learned counsel for the petitioner.

       Smt. Abha Mishra, learned Public Prosecutor for the

respondent/State.

I.A. No.10672/2021, an application for urgent hearing is taken

up, considered and allowed for the reasons mentioned therein.

Admit.

Heard on I.A.No. 9129/2021, first application under Section

397 (1) of Cr.P.C. for suspension of sentence on behalf of the

petitioner.

This criminal revision has been filed against the judgment dated

13/03/2021 passed by Sessions Judge, District Vidisha in Criminal

Appeal No.97/2018 affirming the judgment of conviction and

sentence dated 11/09/2018 passed by Judicial Magistrate First Class,

Vidisha in RCT No.2544/2011 by which the petitioner has been

convicted the and sentenced as under:

Section              Sentence           Fine                 In       default
                                                             stipulation

304-A of I.P.C. Two years of RI Rs.1000/- for each Three months (Two count) for each count count R.I.(for each count) 279 of I.P.C. One month RI Rs.500/- 15 days RI 337 of I.P.C. One month RI Rs.500/- 15 days RI

It is submitted by learned counsel for the petitioner that the

The High Court Of Madhya Pradesh CRR-911-2021 (KESHAV SINGH DANGI Vs THE STATE OF MADHYA PRADESH)

petitioner has been wrongly convicted by the appellate Court as well

as by the trial Court. It is further submitted that the petitioner was on

bail during trial and has deposited the fine amount. Hence, prays to

suspend the jail sentence of the petitioner. He further undertakes to

abide by all the terms and conditions of guidance, circulars and

directions issued by Central Government, State Government as well as

Local Administration regarding measures in respect of COVID-19

Pandemic and maintain hygiene in the vicinity while keeping physical

distancing.

Counsel for the State vehemently opposed the prayer and

prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties and perused the materials

available on record.

Looking to the aforesaid facts and circumstances of the case,

without commenting on merits of the case, the application (I.A.No.

9129/2021) is allowed and the remaining jail sentence of the petitioner

is hereby suspended. It is hereby directed that on depositing the fine

amount, if not already deposited, the petitioner shall be released on

bail on furnishing personal bond of Rs.50,000/- (Rupees Fifty

Thousand only) with one solvent surety of the like amount to the

satisfaction of the concerned Court. The petitioner is further directed

to mark his appearance before the Office of this Court on 14.06.2021

The High Court Of Madhya Pradesh CRR-911-2021 (KESHAV SINGH DANGI Vs THE STATE OF MADHYA PRADESH)

and on subsequent dates given by the Office in this regard, till final

disposal of this revision.

In view of COVID-19 pandemic, the Jail Authorities are

directed that before releasing the petitioner, his Corona Virus test shall

be conducted and if it is found negative, then the concerned local

administration shall make necessary arrangements for sending the

petitioner to his house, and if the test is found positive then the

petitioner shall be immediately sent to concerning hospital for her/his

treatment as per medical norms. If the petitioner is fit for release and

if he is in a position to make his personal arrangements, then he shall

be released only after taking due travel permission from local

administration. After release, the petitioner is further directed to

strictly follow all the instructions which may be issued by the Central

Govt./State Govt. or Local Administration for combating the Covid-

19. If it is found that the petitioner has violated any of the instructions

(whether general or specific) issued by the Central Govt./State Govt.

or Local Administration, then this order shall automatically lose its

effect, and the Local Administration/Police Authorities shall

immediately take them in custody and would send him to the same jail

from where he was released.

The petitioner is further directed to inform the SHO of

concerned police station about his residential address in the said area

The High Court Of Madhya Pradesh CRR-911-2021 (KESHAV SINGH DANGI Vs THE STATE OF MADHYA PRADESH)

and it would be the duty of the Public Prosecutor to send E-copy of

this order to SHO of concerned police station for information.

List the case for final hearing in due course.

E- copy of this order be sent to the Court below concerned for compliance.

Certified copy/ e-copy as per rules/directions.

(Rajeev Kumar Shrivastava) Judge Monika

MONIKA SHARMA 2021.04.06 11:01:41 +05'30'