Madhya Pradesh High Court
Naresh vs The State Of Madhya Pradesh on 22 April, 2021
Author: Vishal Mishra
1
The High Court Of Madhya Pradesh
CRA-2359-2021
(NARESH Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 22.04.2021
Shri Raj Shrivastava, learned counsel for the appellant.
Shri Naval Kishore Gupta, learned Govt. Advocate, for the State.
Heard on admission.
The appeal appears to be arguable.
Admit for final hearing.
Also heard on I.A.No.10485/21, first application under Section
389 (1) of Cr.P.C for suspension of jail sentence and grant of bail on
behalf of the appellant.
This criminal appeal under Section 374 of Cr.P.C has been filed
by the appellant against the order dated 18.03.2021 passed in
Registration No.97/2018 by the Special Judge (Scheduled Caste &
Scheduled Tribes Atrocities) Act, District Guna,whereby the appellant
has been convicted under Section 323 of IPC read with Section 3(2)
(Va) of SC/ST Act and sentenced to undergo 1 year RI with fine of
Rs.1,000/- with default stipulation.
It is submitted by the counsel for the appellant that the appellant
is remained in custody from 13.12.2017 to 15.12.2017 and thereafter
from the date of judgment i.e. 18.03.2021. Fine amount has been
deposited. He is ready to abide by all the terms and conditions which
may be imposed by this court while considering the application for
suspension of jail sentence and grant of bail. Therefore, appellant
2
The High Court Of Madhya Pradesh
CRA-2359-2021
(NARESH Vs THE STATE OF MADHYA PRADESH)
prays for suspension of jail sentence and grant of bail.
Per contra, learned counsel for the State opposed the application
and prayed for rejection of the suspension application.
Considering the overall facts and circumstances of the case, this
Court deems it appropriate to consider the application for grant of bail
and suspension of jail sentence.
Accordingly, application for suspension of jail sentence is
allowed. The appellant is directed to be released by suspending his
sentence subject to verification of the fine amount and on furnishing a
personal bail bond of Rs.50,000/- (Rs. Fifty Thousand Only) with
one solvent surety of the same amount to the satisfaction of trial
Court. The appellant is directed to appear before the Principal
Registrar of this Registry for his presence on 30.10.2021 and
thereafter, subsequent dates as may be fixed by the Registry from time
to time till disposal of the appeal.
Appellant shall install Arogya Setu App in his mobile
immediately and would intimate his place of residence to the SHO of
concerned Police Station; where he resides. Appellant further submit
the undertaking to the effect that he will abide by the terms and
conditions of different circulars, orders as well as guidelines issued by
Central Government, State Government as well as Local
Administration for maintaining social distancing, hygiene etc to avoid
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The High Court Of Madhya Pradesh
CRA-2359-2021
(NARESH Vs THE STATE OF MADHYA PRADESH)
Novel Corona Virus (COVIC-19) pandemic.
In view of the COVID-19, jail authorities are directed that before
releasing the appellant, medical examination of appellant shall be
undertaken by the jail doctor and on prima facie, if it is found that he is
having the symptoms of COVID-19, then consequential follow up
action including the isolation/quarantine or any test if required, be
ensured, otherwise appellant shall be released immediately on bail and
shall be given a pass or permit for movement to reach his place of
residence.
Copy of this order be sent to the trial Court concerned for
compliance.
List the appeal for final hearing in due course.
(Vishal Mishra)
mani Judge
SUBASRI MANI
2021.04.22
15:40:21
-07'00'
