Hitendra Singh Lodha vs Vinod Dohare
2021 Latest Caselaw 3903 MP

01 HIGH COURT OF MADHYA PRADESH CRR. No. 1699/2021 (Hitendra Singh vs. State of M.P.)

Gwalior, Dated: 03/8/2021 Heard through video conferencing.

Shri Vibhor Kumar Sahu, learned counsel for the petitioner.

I.A. No.22233/2021, an application for urgent hearing, is

taken up, considered and allowed for the reasons mentioned

therein.

Call for the record of the Courts below.

Also, heard on I.A.No.22234/2021, first application under

Section 397 (1) of Cr.P.C. for suspension of sentence on behalf of

the petitioner.

This criminal revision has been filed against the judgment

dated 19/7/2021 passed by Fifth Additional Sessions Judge, Guna

in Criminal Appeal No.105/2016 affirming the judgment of

conviction and sentence dated 17/2/2016 passed by JMFC, Guna in

Criminal Case No. 2557/2013, by which the petitioner has been

convicted under Section 138 of Negotiable Instruments Act and has

been sentenced to undergo Simple Imprisonment of Six months

with fine of Rs.45,000/- in addition to the cheque amount of

Rs.2,00,000/- with default imprisonment.

It is submitted by learned counsel for the petitioner that the

petitioner has been wrongly convicted by the appellate Court as 02 HIGH COURT OF MADHYA PRADESH CRR. No. 1699/2021 (Hitendra Singh vs. State of M.P.)

well as by the trial Court. It is further submitted that the petitioner

is in custody since 19/7/2021. Hence, prays to suspend the jail

sentence of the petitioner. He further undertakes to abide by all the

terms and conditions of guidance, circulars and directions issued by

Central Government, State Government as well as Local

Administration regarding measures in respect of COVID-19

Pandemic and maintain hygiene in the vicinity while keeping

physical distancing.

Heard learned counsel for the petitioner through video

conferencing and perused the materials available on record.

Looking to the short period of jail sentence, without

commenting on merits of the case, the application (I.A. No.

22234/2021) is allowed and the remaining jail sentence of the

petitioner is hereby suspended. It is hereby directed that the

petitioner shall be released on bail on furnishing personal bond of

Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety

of the like amount to the satisfaction of the concerned Court. The

petitioner is further directed to mark his appearance before the

Office of this Court on 08/11/2021 and on subsequent dates given

by the Office in this regard, till final disposal of this revision.

         03       HIGH COURT OF MADHYA PRADESH
                      CRR. No. 1699/2021
                  (Hitendra Singh vs. State of M.P.)

In view of COVID-19 pandemic, the Jail Authorities are

directed that before releasing the petitioner, his Corona Virus test

shall be conducted and if it is found negative, then the concerned

local administration shall make necessary arrangements for sending

the petitioner to his house, and if the test is found positive then the

petitioner shall be immediately sent to concerning hospital for

her/his treatment as per medical norms. If the petitioner is fit for

release and if he is in a position to make his personal arrangements,

then he shall be released only after taking due travel permission

from local administration. After release, the petitioner is further

directed to strictly follow all the instructions which may be issued

by the Central Govt./State Govt. or Local Administration for

combating the Covid19. If it is found that the petitioner has

violated any of the instructions (whether general or specific) issued

by the Central Govt./State Govt. or Local Administration, then this

order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take them in

custody and would send them to the same jail from where they

were released.

The petitioner is further directed to inform the SHO of 04 HIGH COURT OF MADHYA PRADESH CRR. No. 1699/2021 (Hitendra Singh vs. State of M.P.)

concerned police station about his residential address in the said

area and it would be the duty of the Public Prosecutor to send E-

copy of this order to SHO of concerned police station for

information.

E- copy of this order be sent to the Court below concerned

for compliance.

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

  Digitally signed
  by ALOK KUMAR
  Date: 2021.08.03
  13:47:39 +05'30'                                    (Rajeev Kumar Shrivastava)
AKS                                                            Judge