Shahrukh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1369 MP

                                                1
                                                                                      CRA No.1414/2021
                                                                                                    M
              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
            Criminal Appeal No.1414/2021
Indore, Dated 07.04.2021
        Mr. Bhaskar Agrawal, learned counsel for appellant Shahrukh

s/o Azad Mohammad.

        Mr. Sudhanshu Vyas, learned Panel Lawyer for the

respondent / State of Madhya Pradesh, on advance notice.

Heard on the question of admission.

Let the record of the case from the concerned trial Court be

requisitioned.

Also heard on IA No.4082/2021, first application under

Section 389 (1) of the Code of Criminal Procedure, 1973 for

suspension of jail sentence and grant of bail filed on behalf of the

appellant.

The present appellant has been convicted and sentenced by the

Additional Judge, Jawad to the Court of Additional Sessions Judge,

Jawad, District Neemuch (MP) in Special Sessions Case No.13/2019

vide judgment dated 12th February, 2021, as under: -

              Conviction                                   Sentence
    Section                Act             RI        Fine amount      Imprisonment in lieu of fine
   354 (C)     IPC, 1860         2 years            Rs.2,000/-        4 months RI

Counsel for the appellant has fairly submitted that the jail

sentence of the appellant has already been suspended by the learned

Judge of the trial Court after delivery of the judgment and he was

CRA No.1414/2021

granted bail till 12.03.2021; and the present appeal was filed before

this Court on 27.02.2021 along with an application for early hearing

(IA No.4083/2021), but unfortunately despite the matter was listed

twice, the matter could not be heard, due to paucity of time.

Counsel has further submitted that after the period of bail was

over, the appellant has not surrendered on account of the reason of

spread of COVID-19.

It is also submitted that even otherwise, the appellant was not

at fault if the case could not be listed before this Court, despite the

appeal having been filed much before the expiry of period of bail

granted by the learned Judge of the trial Court. Thus, it is submitted

that before the trial Court also, the appellant was released on bail and

no purpose would be served to sent the appellant in jail, especially

when his suspension of sentence was already suspended by the

learned Judge of the trial Court for a certain period of time to prefer

an appeal.

Thus, under these circumstances and looking to the short

sentence imposed on the appellant, counsel for the appellant prays

for suspension of jail sentence of the appellant and grant of bail to

him.

Counsel for the respondent / State of Madhya Pradesh opposes

the application by submitting that no sufficient ground is made out

for releasing the appellant on bail; hence the application filed by the

CRA No.1414/2021

appellant be dismissed.

Having considered rival submissions and on perusal of the

case record, it is found that the present appeal has been filed by the

appellant on 27.02.2021; and admittedly the appellant was to

surrender and his bail order was in operation till 12.03.2021,

however, in the meantime, the appeal could not be listed before this

Court and the matter was kept on adjourned.

In view of the aforesaid facts, it is found that the appellant was

not at fault as the appeal could not be heard by this Court. In such

circumstances, when there is spread of COVID-19, it would not be

appropriate to force the appellant to surrender and then, allow his

bail / suspension application.

Considering the facts and circumstances of the case and the

arguments advanced by the counsel for the parties, this Court is of

the considered opinion that the application for suspension of

custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the

case, IA No.4082/2021 is allowed and it is directed that on

furnishing a personal bond by the appellant in the sum of

Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in

the like amount to the satisfaction of the learned trial Court, for his /

her regular appearance before concerned trial Court, the execution

of the custodial part of the sentence imposed against the appellant

CRA No.1414/2021

shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his /

her presence before the concerned trial Court on 14.06.2021 and on

all such subsequent dates, as may be fixed by the concerned Court in

this regard.

Let the record of the case from the concerned trial Court be

requisitioned; and list the matter on the question of admission soon

thereafter.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.04.07 17:02:15 +05'30'