Madhya Pradesh High Court
Salim Mansuri vs The State Of Madhya Pradesh on 31 August, 2021
Author: Rohit Arya
1 CRR-1915-2021
The High Court Of Madhya Pradesh
CRR-1915-2021
(SALIM MANSURI Vs THE STATE OF MADHYA PRADESH)
1
Indore, Dated : 31-08-2021
Shri Vishal Sharma, learned counsel for the petitioner.
Shri Sudhanshu Vyas, learned Panel lawyer for the respondent-State.
Heard through Video Conferencing.
Record of the Courts below be requisitioned.
Also heard on I.A.No.23098/2021, an application under Section 397(1)
of Cr.P.C. for suspension of sentence filed on behalf of petitioner.
T he petitioner has been convicted under Sections 6 & 9 of M.P.
Govansh Vadh Pratishedh Adhiniyam and sentenced to suffer six months R.I.
with fine of Rs.5,000/- with default stipulation vide judgment of conviction
dated 06/12/2019 passed by Judicial Magistrate First Class, Khargone in
R.C.T. No.1382/2017 whereby the trial Court has sentenced petitioner for 01
year R.I. The appellate Court has reduced the sentenced from 01 year to 06
months and remaining part of the judgment of the trial Court remained intact
vide judgment dated 11/08/2021 passed in Criminal Appeal No.123/02019 &
02/2020.
Learned counsel for the petitioner submits that petitioner is innocent.
T he Courts below have not properly appreciated the evidence and have
wrongly convicted the petitioner. During trial, petitioner remained on bail and
did not misuse the liberty granted to him. Petitioner has suffered jail
incarceration since 11/08/2021 (during trial he remained in jail for 10 days).
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
Signature Not Verified
SAN
of sentence.
Digitally signed by VARSHA
CHATURVEDI
Date: 2021.09.01 18:51:33 IST
2 CRR-1915-2021
U p o n hearing learned counsel for the parties, and taking into
consideration the fact that fine amount has been deposited and petitioner is in
jail since 11/08/2021 and the disposal of revision will take time 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.75,000/- (Rs. seventy five 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
Signature Not Verified
SAN
Digitally signed by VARSHA
CHATURVEDI
Date: 2021.09.01 18:51:33 IST
