Gabbar Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1513 MP

                           1

           The High Court Of Madhya Pradesh
                     CRA-2489-2021
               (GABBAR SINGH Vs THE STATE OF MADHYA PRADESH)




Gwalior, Dated : 22.04.2021

      Shri Sarang Gupta, 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.11057/2021, 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 17.03.2021 passed in

Registration No.100105/2015 by the Special Judge M.P. Dakaiti Aur

Vyapharan Prabhavit Kshetra, Ambah, District Morena, whereby the

appellant has been convicted under Section 392 of IPC and sentenced

to undergo 3 years RI with fine of Rs.5,000/- with default stipulation.

      It is submitted by the counsel for the appellant that prior to

conviction, the appellant is remained in custody from 17.12.2012 to

07.03.2013

, 08.01.2020 to 29.01.2020 and thereafter from the date of

judgment i.e. 17.03.2021. 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 prays for suspension

The High Court Of Madhya Pradesh CRA-2489-2021 (GABBAR SINGH Vs THE STATE OF MADHYA PRADESH)

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 08.11.2021 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

The High Court Of Madhya Pradesh CRA-2489-2021 (GABBAR SINGH 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
  15:40:45
  -07'00'