Mahendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 4546 MP

  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                      Criminal Revision No.1892/2021
                 (Mahendra S/o Dhyansingh Vs. State of M. P.)
                                     -1-

Indore, dated 23/08/2021

      Heard through Video Conferencing.

      Shri Nilesh Dave, learned counsel for the applicant.

      Shri Chetan Jain, learned Panel Lawyer for the respondent / State.

Let the record of the Courts below be requisitioned.

Heard on I.A. No.22285/2021, first application under Section 397 of

Cr.P.C. for suspension of sentence and grant of bail.

The applicant has been convicted under section 498(A) and 325 of the

Indian Penal Code, 1860 and sentenced to suffer 01 year RI with fine of

Rs.25,000/- and 01 year RI with fine of Rs.500/- with default stipulation

respectively vide judgment dated 28/09/2015 passed in Criminal Case

No.321/2007 by the Judicial Magistrate First Class, Barwaha. The appellate

Court maintained the conviction and sentence vide judgment dated

08/01/2021 passed in Criminal Appeal No.100282/2015.

Learned counsel for the applicant submits that the applicant is

innocent and he has not committed the crime as alleged. It is submitted that

learned Courts below have not properly appreciated the evidence, and

committed error in convicting the applicant. Due to COVID-19 pandemic

disposal of revision will take time. Under such circumstances, prayer is made

for suspension of sentence and enlargement of applicant on bail, on such

terms and conditions this Court deems fit and proper.

Learned Panel lawyer opposes the bail application supporting the

orders impugned.

Upon hearing learned counsel for the parties and considering the fact HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Criminal Revision No.1892/2021 (Mahendra S/o Dhyansingh Vs. State of M. P.)

that disposal of revision will take time, the I.A. is allowed. It is directed that

the jail sentence of the applicant shall remain suspended and he be released

on bail on his furnishing 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 subject to deposit of the fine amount. The

applicant is directed to appear before the Registry of this Court on

25/11/2021 and on other dates as may be fixed in this behalf with following

further conditions.

(i) the applicant shall abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(ii) 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; In the event of violation of any of the terms and conditions of the order

by the applicant, the prosecution is at liberty to seek cancellation of the bail

granted to the applicant.

Learned Panel lawyer is directed to send an e-copy of this order to the

Court concerned for necessary compliance.

Accordingly, the IA stands disposed of.

(ROHIT ARYA) JUDGE Tej Digitally signed by TEJPRAKASH VYAS Date: 2021.08.23 17:34:41 -07'00'