Madhya Pradesh High Court
Rampal vs The State Of Madhya Pradesh on 28 April, 2021
Author: Rohit Arya
1 CRA-525-2021
The High Court Of Madhya Pradesh
CRA-525-2021
(RAMPAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)
3
Indore, Dated : 28-04-2021
Shri Nilesh Dave, learned counsel for the appellant.
Shri Manish Gupta, learned Public Prosecutor for the respondent/State.
Heard through video conferencing.
Heard on I.A..No.728/2021, an application under section 389(1)
Cr.P.C., seeking suspension of sentence and grant of bail, on behalf of the
appellant.
T h e appellant has been convicted under section 354(D) IPC and
sentenced to suffer one year R.I. with fine of Rs. 500/- , convicted under
Section 323 of IPC and imposed with fine of Rs.200/- and further convicted
u/S 354(A)(ii) of IPC and sentenced to suffer one year R.I. with fine of Rs.
500/- with default clause vide judgment dated 15.12.2020 passed in Sessions
Trial No.59/2014 by the Special Judge SC/ST(Prevention of Atrocities) Act,
Mandleshwar.
Learned counsel for the appellant submits that appellant is innocent
and he has been falsely roped in the offence. Appellant remained in custody
for 40 days during pre and post conviction period. As per the details
mentioned in the application for suspension of sentence, appellant's sentence
has been suspended by the trial Court till 25.01.2021. However, till date
appellant has not been arrested. Due to the Covid-19 pandemic, final
disposal of the appeal shall take time. On these grounds, learned counsel
prays that execution of the jail sentence of the appellant may be suspended
and enlarged on bail.
Learned State counsel opposed the bail application and prayed for its
rejection.
Considering the facts and circumstances of the case and submission of
Signature Not Verified
SAN
learned counsel for the parties but, without expressing any opinion on merits
Digitally signed by SEHAR HASEEN
Date: 2021.04.28 17:17:26 IST
2 CRA-525-2021
of the case, I am of the view that the application deserves to be allowed.
Consequently, I.A., is hereby allowed and it is directed that execution
of jail sentence of the appellant shall remain suspended during pendency of
this appeal and he shall be enlarged on bail subject to furnishing personal
bond in the sum of Rs.50,000/- (Rupees fifty thousand only)with one
solvent surety in the like amount to the satisfaction of the learned Trial Court
and also subject to deposit of the fine amount (if not already deposited) for
appearance before the Registry of this Court on 05.07.2021 and on further
dates as may be directed by the Registry in that regard with following further
conditions:
(i) the appellant will 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 time to time in the matter
of maintaining social distancing, physical distancing, hygiene, etc, to avoid
proliferation of Novel Corona virus(COVID-1);
(ii) the concerned jail authorities are directed that before releasing the
appellant, the medical examination of the appellants 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.
Learned State counsel is directed to send e-copy of this order to all the
concerned including the concerned Station House Officer of the Police
Station for information and necessary action.
I.A. stands closed.
(ROHIT ARYA)
JUDGE
sh
Signature Not Verified
SAN
Digitally signed by SEHAR HASEEN
Date: 2021.04.28 17:17:26 IST
