Shankar @ Santosh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1255 MP

        The High Court of Madhya Pradesh : Bench at Indore

                           Cri.A. No.1817/2021
                   (Shankar @ Santosh Vs. State of M.P.)


Indore: 05.04.2021
      Shri Jitendra Bajpai, learned counsel for the appellant.
      Shri Palash Choudhary, learned Panel Lawyer for the non-
applicant/State.
      Heard on I.A.No.5638/2021, an application under section
389(1) Cr.P.C., seeking suspension of sentence and grant of bail, on
behalf of the appellant.
      The appellant has been convicted under section 354 of IPC
and sentenced to suffer 2 years R.I with fine of Rs.2,000/- with
default clause vide judgment dated 03/03/2021 passed in Special
Sessions Trial No.79/19 by the learned Special Judge(POSCO)Act,
Mandleshwar, West Nimar(M.P.).
      Learned counsel for the appellant submits that appellant is
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 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.5638/2021, is hereby allowed and it is
directed that execution of jail sentence of the appellant shall remain
suspended during pendency of this appeal and he shall be enlarged
on bail subject to furnishing personal bond in the sum of Rs.50,000/-
(Rupees fifty thousand only) with one solvent surety in the like
amount in case of the appellant 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:
                     The High Court of Madhya Pradesh : Bench at Indore

                                     Cri.A. No.1817/2021
                             (Shankar @ Santosh Vs. State of M.P.)


           (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 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 appellant, the medical examination of the appellants 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.
                   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

11:05:00 +05'30'