Madhya Pradesh High Court
Radhakishan vs The State Of Madhya Pradesh on 5 April, 2021
Author: Rohit Arya
The High Court of Madhya Pradesh : Bench at Indore
Cri.A. No.1499/2021
(Radha Kishan & Ors. Vs. State of M.P.)
Indore: 05.04.2021
Shri A.K. Saxena, learned counsel for the appellants.
Shri Palash Choudhary, learned Panel Lawyer for the non-
applicant/State.
Heard on I.A.No.4538/2021, an application under section
389(1) Cr.P.C., seeking suspension of sentence and grant of bail, on
behalf of the appellants No.1 - Radhankishan, No.2- Manohar,
No.3- Kamlesh and No.4 - Sunil Verma.
The appellants have been convicted under section 324 of IPC
and sentenced to suffer 1 year R.I with fine of Rs.2,000/- and under
Section 323 of IPC with fine of Rs.1,000/- each with default clause
vide judgment dated 09/02/2021 passed in Sessions Trial
No.301655/2016 by the learned First Additional Sessions Judge,
Narsinghar, District - Rajgarh(M.P.).
Leaned counsel for the appellants, at the outset, seeks to
withdraw this application on behalf of appellant No.3- Kamlesh.
Prayer is allowed.
The application is dismissed as withdrawn on behalf of
appellant No.3 - Kamlesh.
In respect of other appellants, learned counsel for the
appellants submits that appellants are innocent and he has been
falsely roped in the offence. Due to the Covid-19 pandemic, final
disposal of the appeal shall take time. On these grounds, learned
counsel prays that execution of the jail sentence of the appellant
Nos.1, 2 and 4 may be suspended and enlarged on bail.
Learned Public Prosecutor opposed the bail application and
prayed for its rejection.
Considering the facts and circumstances of the case and
submission of learned counsel for the parties but, without expressing
any opinion on merits of the case, I am of the view that the
application deserves to be allowed.
Consequently, I.A. No.4538/2021, is hereby allowed and it is
directed that execution of jail sentence of the appellant Nos.1, 2 and
The High Court of Madhya Pradesh : Bench at Indore
Cri.A. No.1499/2021
(Radha Kishan & Ors. Vs. State of M.P.)
4 shall remain suspended during pendency of this appeal and they
shall be enlarged on bail subject to furnishing personal bond in the
sum of Rs.50,000/- (Rupees fifty thousand only)each with one
solvent surety each in the like amount in case of each of the
appellants to the satisfaction of the learned Trial Court and also
subject to deposit of the fine amount (if not already deposited) for
appearance before the Registry of this Court on 21.06.2021 and on
further dates as may be directed by the Registry in that regard with
following further conditions:
(i) the appellants No.1, 2 and 4 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 time to time in the matter of maintaining social
distancing, physical distancing, hygiene, etc, to avoid proliferation of
Novel Corona virus(COVID-1);
(ii) the concerned jail authorities are directed that before releasing
the appellants No.1, 2 and 4, the medical examination of the
appellants be conducted through the jail doctor and if it is prima-
facie found that they are having any symptoms of Covid-19, then the
consequential follow up action or any further test required be
undertaken immediately.
Learned Panel Lawyer is directed to send e-copy of this order
to all the concerned including the concerned Station House Officer
of the Police Station for information and necessary action.
Let the record of Courts below be requisitioned.
(Rohit Arya)
Judge
pn
PREETHA NAIR
2021.04.06
11:03:41 +05'30'
