Madhya Pradesh High Court
Arvind vs The State Of Madhya Pradesh on 25 August, 2021
Author: Vishal Mishra
1
The High Court Of Madhya Pradesh
CRA-2125-2021
(ARVIND Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 25.08.2021
Shri Vibhor Kumar Sahu, learned counsel for the appellant
appeared through Video Conferencing.
Shri Alok Sharma, learned Panel Lawyer for the State.
Heard on I.A.No.9600/2021, an application for urgent hearing.
The same is allowed.
Also heard on I.A.No.12371/2021, first application under
Section 389 (1) of Cr.P.C for suspension of jail sentence and grant of
bail on behalf of the appellant Arvind.
This criminal appeal under Section 374 of Cr.P.C has been filed
by the appellant against the order dated 13.01.2021 passed in Sessions
Trial No.127/2013 by the First Additional Sessions Judge,
Ashoknagar, District Ashoknagar, whereby the appellant has been
convicted under Section 304(B) of IPC and sentenced to undergo seven
years RI without any fine.
Counsel for the appellant has drawn attention of this Court to the
dying declaration recorded on 09.06.2013 and has argued that there is
no mention of the name of Doctor nor the seal of the doctor is affixed.
Only assertion made is that "ejht c;ku nsus dh fLFkfr esa gSA" He has further
drawn attention of Exhibit P/17 and has argued that doctor has
admitted in his cross examination that he has not mentioned his name
on the dying declaration but he has mentioned the time of starting the
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The High Court Of Madhya Pradesh
CRA-2125-2021
(ARVIND Vs THE STATE OF MADHYA PRADESH)
dying declaration and when the dying declaration came to an end. He
has further admitted that there is no mention of this fact that how much
injury was burned and what examination was carried out by the doctor
is also not mentioned in the dying declaration. He has further
admitted that there is no mention of any relevant factors on the basis
of which he has stated that injured was in a fit state of mind to give the
dying declaration. He has relied upon the judgment passed by the
Hon'ble Supreme Court in the case of Paparambak Rosamma and
Others Vs. State of A.P. reported in (1999) 7 S.C.C. 695 and also in
the case of Naresh Kumar V. Kalawati and others reported in A.I.R.
2021 S.C. 1605 wherein the Hon'ble Supreme Court has considered the
dying declaration in absence of any proper assertion made by the
doctor with respect to fit state of mind of the injured to give dying
declaration. The conviction is made only on the basis of the dying
declaration as all the other witnesses i.e. family members have turned
hostile. Looking to the custody period as well as the present scenario
of Covid Pandemic -19, he prays for grant of suspension of sentence.
Per contra, State counsel has contented that the doctor has
clearly made a note on the dying declaration that injured was in a fit
state of mind to give dying declaration. 90% burn injuries was
received by the injured.
Considering the overall facts and circumstances of the case
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The High Court Of Madhya Pradesh
CRA-2125-2021
(ARVIND Vs THE STATE OF MADHYA PRADESH)
without commenting upon the merits of the case, this Court deems it
appropriate to consider the application for grant of bail and suspension
of jail sentence.
Accordingly, application for suspension of jail sentence is
allowed. The appellant is directed to be released by suspending his
sentence on furnishing a personal bail bond of Rs.50,000/- (Rs. Fifty
Thousand Only) with one solvent surety of the same amount to the
satisfaction of trial Court. The appellant is directed to appear before
the Principal Registrar of this Registry for his presence on 22nd
December, 2021 and thereafter, subsequent dates as may be fixed by
the Registry from time to time till disposal of the appeal.
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 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
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The High Court Of Madhya Pradesh
CRA-2125-2021
(ARVIND Vs THE STATE OF MADHYA PRADESH)
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
2021.08.26
18:21:15
-07'00'
