Madhya Pradesh High Court
Babulal vs The State Of Madhya Pradesh on 6 April, 2021
Author: Rajendra Kumar Srivastava
1 CRR-374-2021
The High Court Of Madhya Pradesh
CRR-374-2021
(BABULAL Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 06-04-2021
Shri Sunil Kumar Mishra, Advocate for the applicant.
Shri Vinay Kumar Sharma, P.L. for the respondent-State.
Records of the Courts below have been received.
Heard on the question of admission.
Revision is admitted for final hearing.
Also, heard on I.A.No.2318/2021, an application for suspension of
sentence and grant of bail to the applicant/accused.
T he revision has been preferred by the applicant against judgment
dated 08.02.2021 passed by learned 2nd Addl. Sessions Judge, Distt.-Sehore,
M.P. passed in Cr.A. No. 49/2018 whereby the learned Appellate Court has
dismissed the appeal and affirmed the judgment and conviction order dated
29.05.2018 passed in Criminal Case No.960/2016 passed by learned Judicial
Magistrate First Class, Distt.-Sehore, M.P.
Applicant stands convicted for an offence punishable under Section
325 of IPC and has been sentenced to undergo S.I. for 1 year with a fine of
Rs. 1,000/- with default stipulation.
A s per prosecution case, on dated 27.07.2016, applicant-accused
inflicted injury to the complainant Laxman by stick and Farsi. Complainant
received grievous injury.
Learned counsel for the applicant submits that the applicant-accused is
a labourer and permanent resident of Village-Mahodiya, Police Station-Mandi,
Distt.-Sehore. He has no previous criminal antecedent. He is not previously
convicted. So, there is probability to get benefit under Probation of
Offenders Act. He is in jail since 08.02.2021. There is fair chance to succeed
in the case. This revision is of year 2021 and it will take time to conclude.
Signature Not Under the circumstances, if the sentence of the applicant is not suspended,
SAN
Verified
Digitally signed by
PALLAVI SINHA
Date: 2021.04.06
17:28:19 IST
2 CRR-374-2021
his right to file revision will be futile. Hence, prayer is made for suspension of
his jail sentence and grant of bail.
Learned P.L. has opposed the application and prayed for its rejection.
Having considered the arguments advanced by learned counsel for the
parties, on perusal of the record it appears that the applicant-accused is a
labourer, he is permanent resident of Village Mahodiya, Police Station-Mandi,
Sehore, he has no previous criminal antecedent, he is not previously
convicted, he is in custody since 08.02.2021, this revision is of year 2021 and
final hearing of this revision will take time. Considering the aforesaid facts and
circumstances of the case but without commenting anything on the merit of
the case, the said I.A.No. 2318/2021 is allowed. It is ordered that subject to
payment of fine amount, if not already deposited, the execution of jail
sentence of the applicant/accused, namely, Babulal, shall remain suspended
during the pendency of this revision and he may be released on bail on his
furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty
Thousand Only) with one solvent surety in the like amount to the satisfaction
of the trial Court for his appearance before the Trial Court on 23.06.2021
and thereafter on all other such subsequent dates, as may be fixed by the trial
court in this regard.
I n view of the outbreak of 'Corona Virus disease (COVID-19)' the
applicant shall also comply with the rules and norms of social distancing.
Further, in view of the order passed by the Hon'ble Supreme Court in
suo moto W.P.No.1/2020, it would be appropriate to issue the following
direction to the jail authority :-
1. The Jail Authority shall ensure the medical examination of the
applicant by the jail doctor before his release.
2 . The applicant shall not be released if he is suffering from 'Corona
Virus disease'. For this purpose appropriate tests will be carried out.
3. If it is found that the applicant is are suffering from 'Corona Virus
disease', necessary steps will be taken by the concerned authority by placing
Signature
SAN Not
Verified
Digitally signed by
PALLAVI SINHA
Date: 2021.04.06
17:28:19 IST
3 CRR-374-2021
him in appropriate quarantine facility.
List this matter for final hearing in due course.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
Pallavi
Signature
SAN Not
Verified
Digitally signed by
PALLAVI SINHA
Date: 2021.04.06
17:28:19 IST
