Dinesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 4003 MP

                                      1                CRR-1739-2021


            The High Court Of Madhya Pradesh

                             CRR-1739-2021
              (DINESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)



Indore, Dated : 05-08-2021
     Heard through Video Conferencing.

      Ms. Sarika Gupta, learned counsel for the applicants.

      Shri Sudhanshu Vyas, learned Government Advocate for the

respondent/State.

Heard on I.A.No.20446/2021, which is an application under

Section 397 of Cr.P.C. for suspension of sentence and for grant of bail

on behalf of the applicants-Dinesh and Jikaria.

The applicants have been convicted under section 34(2) of the

M.P. Excise Act and has been sentenced to under go 01 year RI with

fine of Rs.25,000/- each with default stipulation vide judgment dated

27/07/2021 passed in Criminal Appeal No.34/2017 by Special Judge,

Barwani.

Learned counsel for the applicants submits that the applicants are

innocent and he have not committed the crime as alleged. The

applicants are languishing in jail since 27.07.2021. It is submitted that

learned Courts below have not properly appreciated the evidence, and 2 CRR-1739-2021

committed error. During Covid-19 pandemic the regular criminal

revisions are not being taken up for consideration on merits. Therefore,

prays for suspension of sentence and enlargement of applicants on bail,

on such terms and conditions this Court deems fit and proper.

Learned Public Prosecutor opposes the application for

suspension of sentence.

Taking into consideration the facts and circumstances of the case

and the fact that hearing of revision will take long time and the

applicants are in custody since 27.07.2021, the application is allowed.

It is directed that the jail sentence of the applicants shall remain

suspended and they be released on bail on furnishing personal bond in

the sum of Rs.1,00,000/- (Rupees One Lakh Only) each with one

solvent surety each in the like amount to the satisfaction of the trial

Court. The applicants are directed to appear before the Registry of this

Court on 05.10.2021 and on other subsequent dates as may be fixed in

this behalf with following further conditions:-

(i) the applicants shall 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-

                                      3                CRR-1739-2021


19);

(ii) the concerned jail authorities are directed that before releasing the applicants, the medical examination of the applicants be conducted through the jail doctor and if it is prima facie found that they are having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicants will be released on bail in terms of the conditions imposed in this order;

In the event of violation of any of the terms and conditions of the

order by the applicants, the prosecution is at liberty to seek

cancellation of the bail granted to the applicants.

Office to requisition the record of the Courts below.

Learned Panel Lawyer is directed to send an e-copy of this order

to the Court concerned for necessary compliance.

Accordingly, the IA stands disposed of.

E-certified copy as per rules.

(ROHIT ARYA) JUDGE

RJ

Digitally signed by REENA JOSEPH Date: 2021.08.05 17:43:36 +05'30'