Balveer Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 4147 MP

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          The High Court Of Madhya Pradesh
                          CRA-4547-2021
             (BALVEER SINGH Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 10/08/2021

      Shri F.A. Shah, learned counsel for the appellant.

      Shri R.S. Kushwah, learned Deputy Advocate General for the

respondent/State.

I.A.No.23372/2021, an application for urgent hearing is taken

up, considered and allowed for the reasons mentioned therein.

Admit.

Heard on I.A.No.23374/2021, first application under Section

389 of Cr.P.C. for suspension of sentence on behalf of the appellant.

This criminal appeal has been filed against the judgment

dated 17/02/2021 passed by Seventh Additional Sessions Judge,

District Shivpuri in case No.400258/2014 by which appellant has

been convicted and sentenced as under:-

Section             Sentence           Fine            In        default
                                                       stipulation
420/120-B      of 3 years R.I.         Rs.5000/-       Three    months
I.P.C.                                                 R.I.
468/120-B      of 3 years R.I.         Rs.5000/-       Three    months
I.P.C.                                                 R.I.

It is submitted by the counsel for appellant- Balveer Singh

that the appellant has been wrongly convicted by the trial Court.

There are lots of contradictions and omissions in the evidence of the

The High Court Of Madhya Pradesh CRA-4547-2021 (BALVEER SINGH Vs THE STATE OF MADHYA PRADESH)

prosecution witnesses. The appellant has already been deposited

fine amount. Hence, prayed to suspend the jail sentence of the

appellant and grant him bail. He further undertakes 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 suspension application.

Heard learned counsel for the parties and perused the

materials available on record.

Looking to the aforesaid facts and circumstances of the case,

without commenting on merits of the case, application (I.A. No.

23374/2021) is allowed and the remaining jail sentence of

appellant Balveer Singh is hereby suspended. It is hereby directed

that the appellant shall be released on bail on furnishing personal

bond of Rs.50,000/- (Rupees Fifty Thousand only) with one

solvent surety of the like amount to the satisfaction of the concerned

Court. The appellant is further directed to mark his appearance

The High Court Of Madhya Pradesh CRA-4547-2021 (BALVEER SINGH Vs THE STATE OF MADHYA PRADESH)

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 appellant, his Corona Virus test

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

local administration shall make necessary arrangements for sending

the appellant to his house, and if the test is found positive then the

appellant shall be immediately sent to concerning hospital for

her/his treatment as per medical norms. If the appellant is fit for

release and if he is in a position to make his personal arrangements,

then he shall be released only after taking due travel permission

from local administration. After release, the appellant is 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 appellant has violated

any of the instructions (whether general or specific) issued by the

Central 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

The High Court Of Madhya Pradesh CRA-4547-2021 (BALVEER SINGH Vs THE STATE OF MADHYA PRADESH)

custody and would send them to the same jail from where he was

released.

The appellant is further directed to inform the SHO of

concerned police station about his 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 Monika

Digitally signed by MONIKA SHARMA

MONIKA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya

SHARMA Pradesh, 2.5.4.20=1cbbae26c87c00013f504674 8e62527c7ddf7dd9146694af9eed96f4 7a359612, cn=MONIKA SHARMA Date: 2021.08.10 16:41:23 +05'30'