Rajesh Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 3999 MP

              HIGH COURT OF MADHYA PRADESH,
                    BENCH AT GWALIOR
                        Cr.R. No.1757/2021
      (Rajesh Sharma Vs. The State of Madhya Pradesh & Ors.)
                                  (1)

Gwalior, dated : 05.08.2021

      Heard through Video Conferencing.

      Shri Mukesh Chandra Pathak, learned counsel for the

petitioner.

      Shri Rohit Mishra, learned Additional Advocate General for

the respondent/State.

I.A. No.23065/2021, an application for urgent hearing is

considered and allowed.

Heard on the question of admission.

This criminal revision appears to be arguable, hence, it is

admitted for final hearing.

Record of the courts below be requisitioned.

Heard on I.A. No.23067/2021, which is an application for

suspension of sentence and grant of bail filed on behalf of the

petitioner.

This criminal revision has been preferred against the judgment

dated 23.07.2021 passed by Second Additional Judge, Datia to First

Additional Sessions Judge, Datia, in Cr.A. No.109/2018 arising out

of the judgment dated 10.09.2018 passed by Judicial Magistrate First

Class, District Datia in criminal case No.142/2017, whereby, the

petitioner has been convicted under Section 304-A of IPC and

sentenced to undergo one year's rigorous imprisonment with fine of

Rs.1000/- with default stipulation.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.R. No.1757/2021 (Rajesh Sharma Vs. The State of Madhya Pradesh & Ors.)

Learned counsel for the petitioner submits that present

petitioner has been falsely convicted. It is further submitted that

there are omissions and contradictions in the evidence of the

prosecution witnesses. It is further submitted that the petitioner was

on bail during trial and he did not misuse the liberty granted to him.

There are fair chances of success of this revision and the revision

may take long time for its conclusion and the petitioner cannot be

kept in custody for an unlimited period. It is further submitted that in

view of outbreak of COVID-19, detention of the applicant in already

congested prison may be detrimental. Under these circumstances, the

execution of sentence be suspended and he be released on bail.

Learned Additional Advocate General for the respondent/State

opposed the prayer.

Keeping in view the aforesaid submission of learned counsel

for the petitioner and the facts & circumstances of the case, I.A. No.

23067/2021 is allowed.

It is, therefore, directed that if petitioner deposits the entire

compensation/fine amount, if not already deposited, and furnishes a

personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand

only) with one local solvent surety in the like amount to the

satisfaction of trial Court for his appearance before the Registry of

this Court on 8th November, 2021 and on such subsequent dates as

may be fixed in this regard, sentences of imprisonment awarded to HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.R. No.1757/2021 (Rajesh Sharma Vs. The State of Madhya Pradesh & Ors.)

him shall remain suspended till further orders and he shall be

released on bail.

The petitioner shall also furnish a written undertaking that he

will abide by the terms and conditions of various circulars, as well

as, orders issued by the Central Government, State Government and

local administration from time to time such as maintaining social

distancing, physical distancing, hygiene etc. to avoid proliferation of

Corona virus.

A copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

(S.A.Dharmadhikari) Judge Shanu Digitally signed by SHANU RAIKWAR Date: 2021.08.05 16:57:51 +05'30'