Madhya Pradesh High Court
Ravi vs The State Of Madhya Pradesh on 11 August, 2021
Author: Rohit Arya
1 CRR-1778-2021
The High Court Of Madhya Pradesh
CRR-1778-2021
(RAVI Vs THE STATE OF MADHYA PRADESH)
1
Indore, Dated : 11-08-2021
Shri O.P. Solanki, learned counsel for the applicant.
Shri A. Polekar, learned Panel Lawyer for the respondent/State.
Heard through Video Conferencing.
Let record of both the Courts below be requisitioned.
Also heard on I.A.No.21012/2021, an application for suspension of
sentence filed on behalf of sole applicant.
The applicant has been convicted u/S 354 of IPC and sentenced to
suffer of six months RI with fine of Rs.100/- with default stipulation vide
judgment of conviction dated 30.07.2021 passed by 1st Additional Sessions
Judge, Sarangpur District Rajgarh in Cr.Appeal No.27/2017 confirming the
judgment of conviction passed on 06.01.2017 by JMFC, Sarangpur in Cr.
Case No. 190/2011.
It is submitted that learned Courts below have wrongly convicted the
applicant. The learned Courts below have not properly appreciated the
evidence. The applicant is in jail since the date of passing of judgment of
conviction by the appellate Court. 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 applicant on
bail, on such terms and conditions this Court deems fit and proper.
Per contra,, learned Panel Lawyer opposes the prayer for suspension
of sentence.
Taking into consideration the fact that applicant is in custody since the
date of passing of judgment by the appellate Court and the disposal of
revision will take time, subject to depositing the fine amount, the application is
allowed.
Signature Not Verified
SAN
It is directed that the jail sentence of the applicant shall remain
Digitally signed by SEHAR HASEEN
Date: 2021.08.12 11:41:06 IST
2 CRR-1778-2021
suspended and he be released on bail on his furnishing a personal bond in the
sum of Rs.50,000/- (Rs.Fifty Thousand only) with one solvent surety in the
like amount to the satisfaction of the trial Court. The applicant is directed to
appear before the Registry of this Court on 27.09.2021 and on other
subsequent dates as may be fixed in this behalf with following further
conditions. :-
(i) the concerned jail authorities are directed that before releasing the
applicant, the medical examination of the applicant be conducted through the
jail doctor and if it is prima facie found that he is having any symptoms of
COVID-19, then the consequential follow up action or any further test
required be undertaken immediately. If not, the applicant shall be released on
bail in terms of the conditions imposed in this order ;
(ii) violation of conditions, State is free to apply for cancellation of bail.
Accordingly, the IA stands disposed of.
List in due course.
Learned Panel Lawyer is directed to send an e-copy of this order to all
the concerned including the concerned Station House Officer of the Police
Station for information and necessary action.
E-Certified copy as per rules.
(ROHIT ARYA)
JUDGE
sh
Signature Not Verified
SAN
Digitally signed by SEHAR HASEEN
Date: 2021.08.12 11:41:06 IST
