Anil vs The State Of Madhya Pradesh
2021 Latest Caselaw 1260 MP

                                    1                               CRA-1075-2021
        The High Court Of Madhya Pradesh
                   CRA-1075-2021
                        (ANIL Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 05-04-2021
       Shri R.K.Bharadwaj, learned counsel for the appellant.
       Shri      Purshottam   Tanwar,     learned    Panel      Lawyer   for   the
respondent/State.

I.A. No.9292/2021, an application for urgent hearing is considered and allowed.

Heard on the question of admission.

This criminal appeal appears to be arguable, hence, it is admitted for final hearing.

Record is already available.

Also heard on I.A. No.5367/2021, which is first application for suspension of sentence and grant of bail to the appellant.

This criminal appeal has been preferred against the judgment dated 22.01.2021 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Sheopur, M.P. in Case No.

SCATR/20/2019, whereby appellant has been convicted under Section 354 read with Section 34 of IPC and sentenced to undergo two years' rigorous imprisonment with fine of Rs.2000/- with default stipulations.

Learned counsel for the appellant submits that he has been wrongly convicted. It is further submitted that during trial the appellant was on bail and he did not misuse the liberty granted to him. The appellant has also deposited the fine amount. It is submitted that in view of COVID-19, outbreak detention of applicant in already congested prisons may be detrimental. It is also submitted that there are fair chances of success of this revision and the revision may take long time for its conclusion and the appellant cannot be kep t in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

2 CRA-1075-2021 On the other hand, learned Panel Lawyer appearing on behalf of the respondent/State opposes the bail application.

Keeping in view of the aforesaid submission of learned counsel for the appellant and the facts and circumstances of the case, I.A. No.5367/2021 is allowed.

It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 26th July, 2021 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail. The appellant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

A copy of this order be sent to the trial Court concerned for compliance.

List this case for final hearing in due course. Certified copy as per rules.

(S. A. DHARMADHIKARI) JUDGE

SP

SANJEEV KUMAR PHANSE 2021.04.05 17:18:24 +05'30'