Sitaram vs The State Of Madhya Pradesh
2021 Latest Caselaw 3991 MP

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            THE HIGH COURT OF MADHYA PRADESH
                          Cr.A. No.4423/2021
                   (Sitaram & others Vs. State of M.P.)

Gwalior, Dated:-05/08/2021
      Shri Sumit Mishra, learned counsel for the appellant.

      Shri Sangam Jain, learned Public Prosecutor for the

respondent/State.

Let record of the Court below be called for, if already not

called.

Appeal being arguable is admitted for final hearing.

I.A. No.22750/2021, an application for urgent hearing, is taken

up, considered and allowed for the reasons mentioned therein.

Also heard on I.A.No.22749/2021, an application under

Section 389(1) of Cr.P.C. for suspension of jail sentence moved on

behalf of the appellants - Sitaram, Dharmendra Rawat, Harveer

Rawat and Himmat Rawat.

This criminal appeal has been filed against the judgment dated

12/07/2021 passed by Seventh Additional Sessions Judge, District

Shivpuri (M.P.) in Sessions Trial No.404/2013 by which appellants

have been convicted and sentenced with default stipulations as under:-

             Section             Imprisonment              Fine
            325 of IPC            2 years RI              Rs.500/-
          (on two counts)
            323 of IPC                  -                 Rs.500/-
            148 of IPC            6 months RI             Rs.500/-

It is submitted by the learned counsel for appellants- Sitaram,

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.4423/2021 (Sitaram & others Vs. State of M.P.)

Dharmendra Rawat, Harveer Rawat and Himmat Rawat that this

is the first application for suspension of sentence on behalf of the

appellants. It is further submitted that the appellants have been

wrongly convicted by the trial Court. There are lots of contradictions

and omissions in the evidence of the prosecution witnesses. The trial

Court has already suspended the jail sentence of the appellants for a

period of one month and the fine amount has already been deposited

by the appellants. It is also submitted that hearing of this appeal shall

take considerably long time. Therefore, prays to suspend the jail

sentence of the appellants. Appellants further undertake 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.

Counsel for the State vehemently opposed the prayer and

prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties through video

conferencing and perused the materials available on record.

Considering the facts and circumstances of the case, without

commenting on merits of the case, I.A.No.22749/2021 is hereby

allowed. Subject to depositing of fine amount, if not already

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.4423/2021 (Sitaram & others Vs. State of M.P.)

deposited, and on furnishing personal bond of Rs.50,000/- (Rupees

Fifty Thousand only) each with one solvent surety each of the like

amount to the satisfaction of the concerned Court, the remaining jail

sentence of the appellants shall remain suspended and they be

released on bail. The appellants are further directed to mark their

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 appeal.

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

directed that before releasing the appellants, their Corona Virus test

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

administration shall make necessary arrangements for sending the

appellants to their house, and if the test is found positive then the

appellants shall be immediately sent to concerning hospital for their

treatment as per medical norms. If the appellants are fit for release

and if they are in a position to make their personal arrangements, then

they shall be released only after taking due travel permission from

local administration. After release, the appellants are 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 appellants have violated any of the

instructions (whether general or specific) issued by the Central

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.4423/2021 (Sitaram & others Vs. State of M.P.)

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 appellants are further directed to inform the SHO of

concerned police station about their 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.

List the case for final hearing in due course.

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

compliance.

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

(Rajeev Kumar Shrivastava) Judge Shubhankar* Digitally signed by SHUBHANKAR MISHRA Date: 2021.08.05 15:08:27 +05'30'