Ajay Kumar Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 4142 MP

         HIGH COURT OF MADHYA PRADESH,
                 BENCH AT GWALIOR
                  Cr.R. No. 1744/2021
        ( Ajay Kumar Sharma Vs The State of M.P. )
                                   (1)

Gwalior, dated : 10/08/2021
       Shri R.K. Joshi, learned counsel for the petitioner.
       Shri Avneesh Singh, learned Public Prosecutor for the
respondent-State.

IA No. 22913/2021, an application for urgent hearing, is

allowed.

The revision is admitted for final hearing.

Heard on I.A. No 22915/2021, an application for suspension

of sentence and grant of bail to the applicant.

This criminal revision has been preferred against the

judgment dated 27/07/2021 passed by 6th Additional Sessions

Judge, Bhind (M.P.) in Cr. Appeal No. 33/2017, arising out of the

judgment dated 31/01/2017 passed by Judicial Magistrate First

Class, Bhind (M.P.) in Criminal Case No.1842/2008, whereby, the

petitioner has been convicted under Section 419 read with 511 and

Section 471 of the IPC and sentenced to undergo one year RI with

fine of RS. 1000/- and one year RI with fine of Rs. 1000/-

respectively.

Learned counsel for the petitioner submits that the petitioner

was on bail during trial and appeal and has never misused the

liberty so granted. It is submitted that if released on bail, there is no

possibility of his absconsion. Petitioner cannot be kept in custody

for an unlimited period. In view of COVID-19, outbreak detention of

petitioner in already congested prisons may be detrimental. An early

hearing of this criminal revision is not possible.

Learned Public Prosecutor opposed the aforesaid IA.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.R. No. 1744/2021 ( Ajay Kumar Sharma Vs The State of M.P. )

Keeping in view the aforesaid prayer of learned counsel for

the petitioner and the facts & circumstances of the case so also in

view of second wave of COVID-19 pandemic and with a need to

decongest the jail, which are the potential hot spots for spread of

infection, this Court is inclined to extend the benefit of bail to the

petitioners. I.A. No.22915/2021 is allowed.

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

fine amount, if not already deposited, and furnish 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 25th

October,2021 and on such subsequent dates as may be fixed in this

regard, sentences of imprisonment awarded to 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 Prachi*

PRACHI MISHRA 2021.08.11 10:34:06 +05'30'