Vrandavan Tiwari @ Bade Beta vs The State Of Madhya Pradesh
2021 Latest Caselaw 1626 MP

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           The High Court Of Madhya Pradesh
                     CRA-2507-2021
          (VARANDAVAN TIWARI & ANR. Vs THE STATE OF MADHYA PRADESH)



Jabalpur, Dated:-28/04/2021
      Heard through Video Conferencing.

      Shri Mukesh Pandey, learned counsel for the appellants.

      Ms. Somya Dixit, learned Panel Lawyer for the respondent/State.

Admit.

Record of the trial Court be called for.

Heard on I.A.No.5927/2021 under Section 389 of Cr.P.C. filed

by the appellants Singh for suspension of sentence and grant of bail.

Vide judgment dated 25/03/2021 passed by Special Judge,

(SC/ST), District Panna (M.P.) in SPL Case (ATR) No.29/2015 the

appellants have been convicted and sentenced as under:

Section            Sentence            Fine               In        default
                                                          stipulation
323/34       and one year of R.I. Rs.1000/-               20 days R.I.
325/34 of I.P.C.

It is submitted by learned counsel for the appellants that the

Court below has wrongly convicted the appellants without

appreciating the evidence and materials available on record. The

appellants are on bail and they have not misused the liberty granted to

them and the fine amount has already been deposited. Learned

counsel for the appellants further submits that hearing of this appeal

shall take considerably long time. Under these circumstances, he

prayed to suspend the jail sentence of the appellants and grant bail.

On the other hand, learned Panel Lawyer opposed the prayer

The High Court Of Madhya Pradesh CRA-2507-2021 (VARANDAVAN TIWARI & ANR. Vs THE STATE OF MADHYA PRADESH)

and prayed for dismissal of the application for suspension of sentence.

Heard learned counsel for the parties at length.

In view of the aforesaid and considering the facts and

circumstances of the present case, without commenting upon the

merits of the case, it would be appropriate to accept the application of

the appellant.

Consequently, I.A.No.5927/2021 is hereby allowed.

If the appellants furnish a bail bond in the sum of Rs.50,000/-

(Rupees Fifty thousand Only) each along with one surety bond of

the like amount to the satisfaction of the trial Court and undertakes

that he will appear before the Registry of this Court on 14.06.2021

and on subsequent dates given by the office for their appearance till

the disposal of the present appeal, then the appellant shall be released

on bail and execution of jail sentence is suspended till the disposal of

this appeal.

Appellant would intimate their place of residence to the SHO of

concerned Police Station, where he resides. Appellants shall further

submit an undertaking to the effect that they will abide by the terms

and conditions of different circulars, orders as well as guideline 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.

The High Court Of Madhya Pradesh CRA-2507-2021 (VARANDAVAN TIWARI & ANR. Vs THE STATE OF MADHYA PRADESH)

In view of COVID -19, jail Authorities are directed that before

releasing the appellants, preliminary medical examination of

appellants shall be undertaken by the jail doctor and on prima facie, if

it is found that they are having the symptoms of COVID-19, then

consequential follow up action including the isolation/quarantine or

any test if required, be ensured, otherwise appellants shall be released

immediately on bail and shall be given a pass or permit for movement

to reach their place of residence.

E-copy of this order be provided to the appellant's counsel and

the same be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.

(Rajeev Kumar Shrivastava) Judge Monika

MONIKA SHARMA 2021.04.29 13:33:01 +05'30'