Mukehs @ [email protected] Kahaiya vs The State Of Madhya Pradesh
2021 Latest Caselaw 1652 MP

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         THE HIGH COURT OF MADHYA PRADESH
                         CRA.1965.2021.
      (Mukesh alias Krishna alias Kanhaiya Vs. State of M.P. )

JABALPUR ; dated 29.04.2021.

      Shri Kamlesh Kumar Yadav, counsel for the appellant.

      Shri Subham Rai, PL for the respondent /State.

In the wake of unprecedented and uncertain situation due to

outbreak of the Novel Corona virus (COVID-19) and considering the

advisories issued by the Government of India, this application has been

heard and decided through video conferencing to maintain social

distancing. The parties are being represented by the respective counsels

through video conferencing, following the norms of social distancing/

physical distancing in letter and spirit.

Heard on admission.

Being arguable, this appeal is admitted for final hearing.

Also heard on I.A. No.4682/2021, an application under Section

389 (1) of Cr.P.C for suspension of jail sentence on behalf of the

appellant who stood convicted by the judgment dated 13.3.2021 passed

by Special Judge, SC ST Act, Chhindwada, in Special Case

No.200192/16 under Sections 354 read with 3 (1) (w) (1) and 3 (2) (va)

of the SC ST Act and sentenced to undergo RI for one year with fine of

Rs.1000/- for both the offences with default stipulation.

It is submitted by counsel for the appellant that the appellant

remained in custody during trial and he has never misused the liberty

granted to him. This appeal is of the year 2021 and there is no

likelihood of this appeal being heard early. He further submits that the

THE HIGH COURT OF MADHYA PRADESH CRA.1965.2021.

(Mukesh alias Krishna alias Kanhaiya Vs. State of M.P. )

appellant has already deposited the fine amount. Appellant is ready to

abide with all the conditions which may be imposed by this court while

considering this bail application. His sentence has already been

suspended by the trial court till 13.4.2021. Hence, the appellant prayed

for suspension of sentence and grant of bail.

Per contra, learned counsel for State has opposed the application

and prayed for its rejection.

Heard learned counsel for the parties and perused the judgment.

Considering the overall facts and circumstances of the case but

without commenting on the merits of the case, this Court deems it

appropriate to allow the application for grant of suspension of sentence.

Accordingly, application for suspension of sentence is allowed. Subject

to verification of deposit of fine amount as imposed by the trial

court, jail sentence of appellant shall remained suspended till final

disposal of this appeal and the appellant is directed to be released on

bail on furnishing a personal bond of Rs.50,000/- (Rs. Fifty Thousand

Only) with two solvent sureties to the satisfaction of trial Court, for his

appearance before Registry of this Court on 8.11.2021 and thereafter on

all subsequent dates as may be fixed by the office.

The appellant is further directed to abide by all the terms and

conditions. He shall install Arogya Setu App in his mobile immediately

and would intimate his place of residence to the SHO of concerned

Police Station; where they reside. He shall further submit an

THE HIGH COURT OF MADHYA PRADESH CRA.1965.2021.

(Mukesh alias Krishna alias Kanhaiya Vs. State of M.P. )

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

(COVIC-19) pandemic. In view of the COVID-19, jail authorities are

directed that before releasing the appellant, medical examination of

appellants 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 appellants 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 sent to the trial Court concerned for

compliance. It is made clear that E-copy of this order shall be treated as

certified copy for practical purposes in respect of this order.

Application stands disposed of.

Since record has already been received, list this appeal for final

hearing along with the record in due course.

(Vishal Mishra) Judge Rks.

RAM KUMAR SHARMA 2021.04.29 17:19:43 +05'30'