Lalsingh Rajput vs The State Of Madhya Pradesh
2021 Latest Caselaw 1589 MP

   The High Court of Madhya Pradesh : Bench at Indore

                         CRR. No.608/2021
                 (Lalsingh Rajput Vs. State of M.P.)


Indore:27.04.2021
      Shri Vivek Singh, learned counsel for the petitioner .
      Shri    Aditya    Garg,    learned    Panel     Lawyer       for    the
respondent/State.

Heard through Video Conferencing.

I.A.No.4137/2021 is an application seeking leave of the Court for condonation of delay in filing the revision petition.

As per office report the delay is of 905 days. For the reasons stated in the application, the same is allowed and the delay is condoned.

Also heard on I.A.No.4137/2021, an application for suspension of sentence.

The applicant has been convicted under Section 323/34 and sentenced to 3 months RI and under Section 325/34 of IPC sentenced to 1 year RI with fine of Rs.1,000-1,000/- with default stipulation, vide judgment dated 24/06/2017 passed in Criminal Appeal No.212/2016 by the trial Court.

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 12.02.2021. 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 on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) The High Court of Madhya Pradesh : Bench at Indore

CRR. No.608/2021 (Lalsingh Rajput Vs. State of M.P.)

with one solvent surety in the like amount to the satisfaction of 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

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PREETHA NAIR 2021.04.28 10:46:12 +05'30'