Vishnu Sahu vs The State Of Madhya Pradesh
2021 Latest Caselaw 4783 MP

                                       1
            THE HIGH COURT OF MADHYA PRADESH
                           Cr.A.No.4906/2021
          (Vishnu Sahu and another Vs. State of M.P. and another)

Gwalior, Dated:-27.8.2021
      Shri Ashish Singh Jadon. learned counsel for the appellants.

      Shri Kaushlendra Singh Tomar, learned Public Prosecutor for

the respondent/State.

Heard on admission.

The appeal appears to be arguable, therefore, admitted for final

hearing.

This criminal appeal under Section 14-A (1) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Amendment Act, 2015 read with section 374 of Cr.P.C. assails the

judgment dated 1.7.2021 passed by the Special Sessions

(Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act, 1989), Guna in Special Case No. SC ATR 20006/2016,

whereby appellants Vishnu and Jainarayan have been convicted

and sentenced as under:

Appellant-Vishnu Sahu:

Section Act Imprisonment Fine Default (in lieu of fine) 324 IPC 1 year R.I. Rs.1000/- Three months S.I.

323/34       IPC        3 months S.I. for each    Rs.300/- for 15 days S.I. for
(three                  count                     each count each count
counts)


Appellant no.2-Jainarayan Sahu :

            THE HIGH COURT OF MADHYA PRADESH
                           Cr.A.No.4906/2021

(Vishnu Sahu and another Vs. State of M.P. and another)

Section Act Imprisonment Fine Default (in lieu of fine) 324/34 IPC 1 year R.I. Rs.1000/- Three months S.I.

323/34       IPC        3 months S.I. for each   Rs.300/- for 15 days S.I. for
(three                  count                    each count each count
counts)

Heard on I.A.No.25208/2021, an application under Section

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

behalf of appellants.

Learned counsel for the appellants submits that the appellants

were on bail during trial and they have not misused the said liberty of

bail. The amount of fine have already been deposited. It is pointed out

by the learned counsel for the appellants that vide judgment dated

1.7.2021 the sentence of the appellants have already been suspended

for a period of 60 days. Learned counsel further submits that hearing

of the appeal shall take some time. They are ready to abide by all the

terms and conditions as may be imposed by this Court. Upon these

submissions, learned counsel for the appellants pray to allow the I.A.

On the other hand, learned Public Prosecutor for the State has

opposed the application stating that looking to the nature of the

offence committed by the present appellants they are not entitled for

grant of bail and he has supported the findings given by the Special

Court and prayed for dismissal of the application.

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.4906/2021 (Vishnu Sahu and another Vs. State of M.P. and another)

Considering the overall facts and circumstances of the case and

looking to custody period of the appellants as well as looking to the

present scenario of COVID-19, this Court deems it appropriate to

allow this application.

Accordingly, application for suspension of sentence is allowed.

The appellants are directed to be released by suspending their sentence

on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty

Thousand Only) each with two solvent sureties each of the like

amount to the satisfaction of Special Court, subject to verification of

depositing the fine amount, if any, for their appearance before Registry

of this Court on 22.12.2021 and thereafter on all such other dates as

may be fixed in this regard until further orders.

The appellant are directed to abide by all the terms and

conditions. Appellants shall install Arogya Setu App in their mobile

immediately and would intimate their place of residence to the SHO

of concerned Police Station; where they reside. Appellants further

submit the undertaking to the effect that they 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 (COVID-19) pandemic.

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.4906/2021 (Vishnu Sahu and another Vs. State of M.P. and another)

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

before releasing the appellants, medical examination shall be

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

they are having the symptoms of COVID-19, then consequential

follow up action including the isolation/quarantine or any test if

required, be ensured, otherwise appellants shall be released

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

to reach their place of residence.

E-copy/Certified copy as per rules/directions.

Application (I.A.No.25208/2021) stands disposed of.

(Vishal Mishra) Judge Pawar*

ASHISH PAWAR 2021.08.28 16:33:03 +05'30'