Madhya Pradesh High Court
Jeevansingh vs The State Of Madhya Pradesh on 6 April, 2021
Author: Rohit Arya
1 CRA-1839-2021
The High Court Of Madhya Pradesh
CRA-1839-2021
(JEEVANSINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
1
Indore, Dated : 06-04-2021
Shri Manish Yadav, learned counsel for the appellant.
Shri P. Ranka, learned Panel Lawyer for the respondent/State.
Heard through video conferencing.
Heard on I.A..No.5720/2021, 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 363 IPC and sentenced
to suffer three years R.I., with fine of Rs. 2,000/- and further convicted
under Section 366 of IPC and sentenced to suffer three years R.I. with fine
of Rs.2,000/- with default clause vide judgment dated 06.03.2021 passed in
Sessions Trial No.400093/2016 by the Special Judge(POCSO ACT),
Shajapur.
Learned counsel for the appellant submits that appellant is innocent
and he has been falsely roped in the offence. In fact the prosecutix has
solemnized marriage with the appellant and residing in his house. Appellant is
in jail since 26.07.2020. 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 Panel Lawyer 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., is hereby allowed and it is directed that execution
Signature Not Verified
SAN
of jail sentence of the appellant shall remain suspended during pendency of
Digitally signed by SEHAR HASEEN
Date: 2021.04.06 18:08:56 IST
2 CRA-1839-2021
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 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 28.06.2021 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
sh
Signature Not Verified
SAN
Digitally signed by SEHAR HASEEN
Date: 2021.04.06 18:08:56 IST
