Madhya Pradesh High Court
Raman Shankaran vs The State Of Madhya Pradesh on 24 April, 2021
Author: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.2349/2021
(Raman Shankaran vs. State of M.P.)
Jabalpur, Dated : 24.04.2021
Heard through videoconferencing.
Shri Anoop Nair, learned counsel for the appellant.
Shri Shiv Kumar Kashyap, learned Govt. Advocate for the
respondent/State.
Appeal being arguable is admitted for hearing.
Let record of the trial Court be called for.
Heard on I.A.No.5572/2021, 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 assails the
judgment dated 26.03.2021 passed by the Additional Session Judge,
Jabalpur in Session Case No.660/2016 whereby the appellant has been
convicted under Section 420 of IPC and sentenced to undergo RI for
two years' with fine of Rs.5000/- with default stipulation.
It is submitted by counsel for the appellant that sentence of
appellant has already been suspended by the trial Court till 5.5.2021.
The fine amount has already been deposited. Hence, counsel for the
appellant prays for suspension of sentence and grant of bail to the
appellant.
Learned Govt. Advocate for the respondent/State opposed the
prayer and prayed for rejection of this application.
Heard learned counsel for the parties and perused the record.
Considering the overall facts and circumstances of the case and
without commenting any opinion on the merits of the case, this Court
deems it appropriate to consider the application for grant of bail and
suspension of sentence.
Accordingly, application for suspension of sentence is allowed.
The jail sentence of appellant Raman Shankaran shall remain
suspended and he be released on bail on furnishing a personal bond in
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.2349/2021
(Raman Shankaran vs. State of M.P.)
the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with a solvent
surety in the like amount to the satisfaction of concerning trial Court
for his appearance before Registry of this Court on 08.11.2021 and
thereafter on all other dates as may be fixed by the office.
The appellant is further directed to abide by all the terms and
conditions. 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
Novel Corona Virus (COVID-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.
E- copy of this order be provided to the appellant and E-copy of
this order be sent to the trial Court concerned for compliance. It is
made clear that E-copy of this order shall be treated as certified copy
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.2349/2021
(Raman Shankaran vs. State of M.P.)
for practical purposes in respect of this order.
Application stands disposed of.
Certified copy as per rules.
(Vishal Mishra)
Judge
van
SMT VANDANA
VERMA
2021.04.24
19:53:56 -07'00'
