Madhya Pradesh High Court
Bhagwansingh vs State Of M.P. on 22 April, 2021
Author: Rohit Arya
1 CRR-295-2021
The High Court Of Madhya Pradesh
CRR-295-2021
(BHAGWANSINGH Vs STATE OF M.P.)
3
Indore, Dated : 22-04-2021
Shri K.K. Tiwari, learned counsel for the petitioner.
Ms Vinita Phaye, learned Public Prosecutor for the respondent/State.
Heard through Video Conferencing.
Let the record of Courts below be requisitioned.
Heard on I.A. No.5966/2021, second repeat application under Section
397 r/W Sec 401 of Cr.P.C. for suspension of sentence and grant of bail. His
first application for suspension of sentence was dismissed as withdrawn by
order dated 04.02.2021.
T h e petitioner has been convicted under section 354 of IPC and
sentenced t o suffer one year R.I. with fine of Rs.1000/- with default
stipulation by the trial Court vide judgment dated 14.01.2020 passed in
Criminal Case No.450/2017. The appellate Court maintained the conviction
and sentence vide judgment dated 20.01.2021 passed in Cr.A. No.31/2020.
Learned counsel for the petitioner submits that the petitioner is innocent
and he has not committed the crime as alleged. The petitioner is in jail since
20.01.2021. It is submitted that learned Courts below have not properly
appreciated the evidence, and committed error. During Covid-19 pandemic
the regular criminal revisions are not being taken up for consideration on
merits. Therefore, prays for suspension of sentence and enlargement of
petitioner on bail, on such terms and conditions this Court deems fit and
proper.
Learned Public Prosecutor opposes the bail application.
Taking into consideration facts and circumstances of the case and the
fact that revision will take time, the application is allowed. It is directed that
the jail sentence of the petitioner shall remain suspended and he be released
Signature Not Verified
SAN
on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty
Digitally signed by SEHAR HASEEN
Date: 2021.04.22 17:39:31 IST
2 CRR-295-2021
thousand only) with one solvent surety in the like amount to the satisfaction
o f the trial Court subject to deposit of the fine amount. The petitioner is
directed to appear before the Registry of this Court on 16.06.2021 and on
other dates as may be fixed in this behalf with following further conditions.
(i) the petitioner shall 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
to time in the matter of maintaining social distancing, physical
distancing, hygiene, etc., to avoid proliferation of Novel Corona
virus (COVID-19);
(ii) the concerned jail authorities are directed that before
releasing the petitioner, the medical examination of the petitioner 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. If not, the petitioner shall be released on bail in terms
of the conditions imposed in this order ;
In the event of violation of any of the terms and conditions of the order
by the petitioner, the prosecution is at liberty to seek cancellation of the bail
granted to the petitioner.
Learned Public Prosecutor is directed to send an e-copy of this order
to the Court concerned for necessary compliance.
Accordingly, the IA stands disposed of.
(ROHIT ARYA)
JUDGE
sh
Signature Not Verified
SAN
Digitally signed by SEHAR HASEEN
Date: 2021.04.22 17:39:31 IST
