Pratap vs The State Of Madhya Pradesh
2021 Latest Caselaw 4630 MP

                                  1                                 CRR-1072-2021
          The High Court Of Madhya Pradesh
                     CRR-1072-2021
               (PRATAP Vs THE STATE OF MADHYA PRADESH AND OTHERS)

2
Indore, Dated : 24-08-2021
       Shri Pradeep Kumar Gupta, learned counsel for the petitioner.
       Shri P. Ranka, learned Panel lawyer for the respondent-State.

Heard through Video Conferencing.

Record of Courts below be requisitioned. Also heard on I.A.No.18939/2021, an application under Section 397(1)

r/w Section 401 of Cr.P.C. for suspension of sentence filed on behalf of petitioner.

T h e petitioner has been convicted under Section 325 of IPC and sentenced to suffer 01 year RI with fine of Rs.8,000/- with default stipulation vide judgment of conviction dated 18/09/2018 passed by Judicial Magistrate First Class, Kuchhi in Criminal Case No.201467/2015. The appellate Court has affirmed the same vide judgment dated 17/02/2021 passed in Criminal Appeal No.208/2019.

Learned counsel for the petitioner submits that petitioner is innocent.

t h e Courts below have not properly appreciated the evidence and have wrongly convicted the petitioner. Petitioner is in jail since 17/02/2021 and more than six months has passed by. Fine amount has been deposited. Due to Covid-19 pandemic, final hearing of criminal revisions are not taking place. Therefore, prays for suspension of sentence and enlargement of petitioner 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.

U p o n hearing learned counsel for the parties, and taking into consideration the fact that fine amount has been deposited and petitioner has suffered six months incarceration and the disposal of revision will take time 2 CRR-1072-2021 due to Covid-19 pandemic, hence, I.A. is allowed.

I t is directed that the jail sentence of the petitioner shall remain suspended subject to deposit of fine amount, if not already deposited, 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 petitioner is directed to

appear before the Registry of this Court on 25/11/2021 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 petitioner, the medical examination of the petitioner 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 petitioner 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.

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

vc

VARSHA Digitally signed by VARSHA CHATURVEDI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH

CHATURVE COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=df59fbf0f5c7485addc8affe3edf20e6

DI 7d11d7f91045d81139f6792fbd4ae91f, cn=VARSHA CHATURVEDI Date: 2021.08.25 10:55:18 +05'30'