Citation : 2021 Latest Caselaw 4143 MP
Judgement Date : 10 August, 2021
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
Cr.A. No. 4507/2021
( Teekaram Singh & others Vs The State of M.P. )
(1)
Gwalior, dated : 10/08/2021
Shri Jitendra Tyagi, learned counsel for the appellants.
Shri Avneesh Singh, learned Public Prosecutor for the
respondent-State.
IA No. 23160/2021, an application for urgent hearing, is
allowed.
The appeal is admitted for final hearing.
Record of the Trial Court be called for.
Heard on I.A. No.23161/2021, which is first application for
suspension of sentence and grant of bail to appellant Nos. 1 and 2.
This appeal has been preferred against the judgment dated
16/07/2021 passed by Sessions Judge, Bhind (M.P.) in S.T No.
120/221 whereby the appellant Nos. 1 and 2 have been convicted
under Sections 323/34 and 324/34 of the IPC and sentenced to
undergo three months RI with fine of Rs. 500/- and six months RI
with fine of Rs. 1000/- respectively.
Learned counsel for the appellant Nos.1 and 2 submits that
the appellant Nos. 1 and 2 were on bail during trial and have never
misused the liberty so granted. It is submitted that if released on bail,
there is no possibility of their absconsion. In view of COVID-19,
outbreak detention of petitioners in already congested prisons may
be detrimental An early hearing of this criminal appeal is not
possible. Accordingly, prayer for suspension of custodial sentence is
made.
An early hearing of this case is not possible. Taking into HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No. 4507/2021 ( Teekaram Singh & others Vs The State of M.P. )
consideration the overall facts and circumstances of the case, the I.A.
is allowed
It is, therefore, directed that if appellant Nos. 1 and 2 namely
Teekaram Singh and Ramprakash @ Prakash respectively
deposit the entire fine amount, if not already deposited, and furnish a
personal bond in the sum of Rs.50,000/-(Rupees fifty thousand
only) each with a local surety of the like amount to the satisfaction
of trial Court for their 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 them
shall remain suspended till further orders and they shall be released
on bail.
The appellants shall also furnish a written undertaking that
they 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.
Certified copy as per rules.
(S.A.Dharmadhikari) Judge Prachi*
PRACHI MISHRA 2021.08.11 10:33:44 +05'30'
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