Balu vs The State Of Madhya Pradesh
2021 Latest Caselaw 1256 MP

        The High Court of Madhya Pradesh : Bench at Indore

                             Cri.A. No.1818/2021
                            (Balu Vs. State of M.P.)


Indore: 05.04.2021
      Shri Amit Rawal, learned counsel for the appellant.
      Shri Palash Choudhary, learned Panel Lawyer for the non-
applicant/State.
      Heard on I.A.No.6604/2021, 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 sections 420 and 471
of IPC and sentenced to suffer 3 years R.I with fine of Rs.1,000/-
with default clause vide judgment dated 15/02/2021 passed in
Sessions Trial No.100/2014 by the learned First Additional Sessions
Judge, Jaora, District - Ratlam(M.P.).
      Learned counsel for the appellant submits that appellant is
innocent and he has been falsely roped in the offence. Jail sentence
of appellant has already been suspended by the Court below till
15.04.2021

. 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.6604/2021, 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 The High Court of Madhya Pradesh : Bench at Indore

Cri.A. No.1818/2021 (Balu Vs. State of M.P.)

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:

(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 11:06:42 +05'30'