Ravi Saxena vs The State Of Madhya Pradesh
2021 Latest Caselaw 1416 MP

                                             1              CRA-9494-2018

            THE HIGH COURT OF MADHYA PRADESH

                           CRA-9494-2018
                  (Ravi Saxena Vs. The State of M.P.)

Gwalior, dated: 08.04.2021
         Shri S.K. Singh, learned counsel for the appellant.

          Shri R.P. Gupta, learned Panel Lawyer for the respondent/State.

Learned counsel for the rival parties are heard through video

conferencing.

This criminal appeal assails the judgment dated 29.11.2018

passed in S.T. No.7/2013 by Fourth Additional Sessions Judge Morena

whereby appellant-Ravi Saxena has been convicted as under: :-

             Section          Imprisonment Fine
         409 of IPC          7 years R.I.  Rs.1000/- with default
                                           stipulation
         420 of IPC      3 years R.I.      Rs.500/- with default
                                           stipulation
         467 of IPC      5 years R.I.      Rs.500/- with default
                                           stipulation
         468 of IPC      3 years R.I.      Rs.500/- with default
                                           stipulation
         471 of IPC      5 years R.I.      Rs.500/- with default
                                           stipulation
                             th

I.A.No.4020/2020, 4 repeat application u/S. 389(1) Cr.P.C. for

suspension of sentence moved on behalf of appellant-Ravi Saxena is

taken up and considered after dismissal of earlier one as withdrawn.

Appellant has suffered two years and four months of custody as

against seven years sentence awarded.

In view of above and the special circumstances of ongoing

Covid-19 pandemic and since there is no hope of this appeal coming up

in the near future for final hearing, this Court is inclined to grant bail to

the appellant-Ravi Saxena by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A.

2 CRA-9494-2018

4020/2020 is allowed and it is directed that the jail sentence of appellant-

Ravi Saxena will remain under suspension subject to verification that the

amount of fine has been deposited, on the appellant's furnishing bail bond

of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties

of the like amount to the satisfaction of concerned Magistrate for his

appearance before the concerned Magistrate on 6.9.21 and on such

further dates as may be fixed by him which shall be of frequency not less

than once in a year.

In case, appellant is found absent on any date fixed by the

concerned Magistrate then the said Magistrate shall be free to issue and

execute warrant of arrest for securing her presence without first referring

the matter to this Court, provided the Registry of this Court is kept

informed.

The appellant has gracefully agreed to act as a Shiksha

Swayamsevak by rendering physical and financial assistance to

government primary school situated nearest to residence of appellant for

ensuring hygiene and sanitation and for removing deficiencies of

infrastructural amenities in the said school from the skill/resources of the

petitioner. [;kfpdkdrkZ us ,d f'k{kk Lo;alsod ds :i esa vius fuokl ds fudV

vofLFkr ljdkjh izkFkfed fo|ky; esa LoPNrk vkSj vkjksX; dks lqfuf'pr djus ds fy,

'kkjhfjd ,oa foRrh; lgk;rk iznku djus ,oa vius dkS'ky o lalk/kuksa ls mDr fo|ky; esa

volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djus dh LosPN;k lgefr iznku dh gSAa]

The appellant after selecting a particular Govt. Primary School

shall inform about the same to the office of Gram Panchayat (in case of

rural area) and/or Ward Officer of the concerned ward (in case of urban 3 CRA-9494-2018

area), within whose territorial jurisdiction the said school is situated.

[;kfpdkdrkZ ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esa

xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys esa½ [email protected];k lEcaf/kr okMZ ds okMZ vf/kdkjh

¼'kgjh {ks= ds ekeys esa½ ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS] dks lwfpr djsxkA].

It will be joint responsibility of Sarpanch and Secretary of said

Gram Panchayat (in case of rural area) and/or Ward Officer of the

concerned ward (in case of urban area) to preserve the said information

provided by the appellant. [;g lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys

esa½ [email protected];k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k {ks= ds ekeys esa½ dh la;qDr

ftEesnkjh gksxh fd] ;kfpdkdrkZ }kjk iznRr lwpuk dks lajf{kr djsA].

The Registry of this Court shall communicate this order through

Legal Aid Officer, SALSA, Gwalior to the Collector, District Education

Officer, Block Education Officer of the district/block concerned for

information and follow up.

A copy of this order be supplied to the Legal Aid Officer,

SALSA, Gwalior who is directed to communicate this order to the District

Education Officer, Block Education Officer of the district/block

concerned who in turn shall encourage the appellant to indulge in

community service as aforesaid.

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

information.

C.c as per rules.

(Sheel Nagu) Judge ojha YOGENDR A OJHA 2021.04.0 9 15:44:43 +05'30'