Udayram vs The State Of Madhya Pradesh
2021 Latest Caselaw 4675 MP

                                                                      1                              CRR-1908-2021
                                           The High Court Of Madhya Pradesh
                                                      CRR-1908-2021
                                                       (UDAYRAM Vs THE STATE OF MADHYA PRADESH)

                                   1
                                   Indore, Dated : 25-08-2021
                                         Shr Apoorv Joshi, learned counsel for the applicant.
                                         Shri Sudhanshu Vyas, 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.22489/2021, an application for suspension of

sentence filed on behalf of sole applicant.

The applicant has been convicted u/S 420/34 of IPC and sentenced to suffer of one year RI with fine of Rs.1000/- with default stipulation vide judgment of conviction dated 06.08.2021 passed by 2nd Additional Sessions Judge, District Mandsaur in Cr.Appeal No.102/2018 confirming the judgment of conviction and sentence passed on 11.08.2018 by JMFC, Mandsaur in Cr. Case No. 1400516/2006.

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 I t is directed that the jail sentence of the applicant shall remain

Digitally signed by SEHAR HASEEN Date: 2021.08.26 18:25:32 IST 2 CRR-1908-2021 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.

E-Certified copy as per rules.

(ROHIT ARYA) JUDGE

sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.08.26 18:25:32 IST