Yuvraj Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 4307 MP

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              The High Court Of Madhya Pradesh
                        CRA-4657-2021
                (YUVRAJ SINGH Vs THE STATE OF MADHYA PRADESH)




Gwalior, Dated : 13.08.2021

       Shri S.S. Rajput, learned counsel for the appellant.

       Shri   A.K.    Nirankari,    learned   Public    Prosecutor,   for   the

respondent/State.

Heard on admission.

The appeal appears to be arguable.

Admit for final hearing.

Record of the trial court be called for.

Also heard on I.A.No.23858/2021, first application under Section

389 (1) of Cr.P.C for suspension of jail sentence and grant of bail on behalf

of the appellant who stood convicted by the judgment dated 31.07.2021

passed by First Additional Sessions Judge, Guna, in ST No.1800108/2014

under Sections 392 read with Section 120B of IPC and sentenced to undergo

RI for five years with fine of Rs.5000/- with default stipulation.

It is submitted by counsel for the appellant that co-accused Parasram

has been granted suspension of jail sentence vide order dated 22.03.2021

passed in Cr.A.No.65/2021. The case of the appellant is identical to that of

Parsasram. Appellant was on bail during trial. Before trial he was in jail for

four months and now he is under custody since 18.06.2021. During trial he

has never misused the liberty granted to him. Appellant remained in custody

during trial and he has never misused the liberty granted to him. This appeal

is of the year 2021 and there is no likelihood of this appeal being heard early.

He further submits that the appellant has already deposited the fine amount.

The High Court Of Madhya Pradesh CRA-4657-2021 (YUVRAJ SINGH Vs THE STATE OF MADHYA PRADESH)

Appellant is ready to abide with all the conditions which may be imposed by

this court while considering this bail application. Hence, the appellant prayed

for suspension of sentence and grant of bail.

Per contra, learned counsel for State has opposed the application

stating that the appellant has duly been identified in the TIP and there is

recovery from the present appellant.

Heard learned counsel for the parties and perused the judgment.

Considering the overall facts and circumstances of the case and also

the period of custody of the appellant, but without commenting on the merits

of the case, this Court deems it appropriate to allow the application for grant

of suspension of sentence. Accordingly, application for suspension of

sentence is allowed. Subject to verification of deposit of fine

amount as imposed by the trial court, jail sentence of appellant

shall remained suspended till final disposal of this appeal and the appellant is

directed to be released on bail on furnishing a personal bond of Rs.50,000/-

(Rs. Fifty Thousand Only) with two solvent sureties to the satisfaction of trial

Court, for their appearance before Registry of this Court on 30.09.2021

and thereafter on all subsequent dates as may be fixed by the office.

Appellant shall install Arogya Setu App in his mobile immediately and would

intimate his place of residence to the SHO of concerned Police Station;

where he resides. Appellant further submit the undertaking to the effect that

he will abide by the terms and conditions of different circulars, orders as well

as guidelines issued by Central Government, State Government as well as

The High Court Of Madhya Pradesh CRA-4657-2021 (YUVRAJ SINGH Vs THE STATE OF MADHYA PRADESH)

Local Administration for maintaining social distancing, hygiene etc to avoid

Novel Corona Virus (COVIC-19) pandemic.

In view of the COVID-19, jail authorities are directed that before

releasing the appellant, medical examination of appellant shall be undertaken

by the jail doctor and on prima facie, if it is found that he is having the

symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise appellant

shall be released immediately on bail and shall be given a pass or permit for

movement to reach his place of residence.

Copy of this order be sent to the trial Court concerned for compliance.

                                                           (Vishal Mishra)
     mani                                                       Judge

SUBASRI MANI
2021.08.16
11:43:54
-07'00'