Citation : 2021 Latest Caselaw 8369 MP
Judgement Date : 7 December, 2021
1 CRA-2483-2020
The High Court Of Madhya Pradesh
CRA No. 2483 of 2020
(UDAY PRATAP AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 07-12-2021
Shri G.S. Rajput, learned counsel for the appellants.
Shri Sunil Rao, learned Panel Lawyer for the respondent/State.
Heard on admission.
Admit.
Record of the trial Court is already received.
Heard on I.A.No.5053/2022, an application for suspension of jail sentence and for grant of bail to the appellants.
This appeal has been preferred against the judgment dated 08.01.2020
passed by the Ist Additional Sessions Judge, Dindori District Dindori in S.T.No.07/2019; whereby the appellants have been convicted under section 341 of IPC and sentenced to suffer RI for 1 month and fine of Rs.500/-, with default stipulation and under Section 326 of IPC and sentenced to suffer RI for 6 years and fine of Rs.2000/-, with defaults stipulation.
Learned counsel for the appellants submits that out of 6 years,
appellants have already suffered about 3 years sentence and looking to the period of custody already undergone, the remaining sentence of the appellants deserve to be suspended. It is further submitted that in view of outbreak of COVID 19, detention of the appellants in already congested prison may be detrimental. An early hearing of this appeal is not possible.
It is, therefore, directed that if appellants deposit the fine amount, if not already deposited, and furnish a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with a local surety of the like amount each to the satisfaction of trial Court for their appearance before the Registry of this Court on 28/03/2022 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail. Signature Not Verified SAN T he appellants shall also furnish a written undertaking that they will Digitally signed by VINAY KUMAR BURMAN Date: 2021.12.08 17:08:53 IST 2 CRA-2483-2020 abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus. The appellants shall also install Aarogya Setu App (if not already installed) in their mobile phone.
Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E-copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.
List for final hearing in due course.
Certified copy/e-copy as per rules/directions.
(S. A. DHARMADHIKARI) JUDGE
vinay*
Signature Not Verified SAN
Digitally signed by VINAY KUMAR BURMAN Date: 2021.12.08 17:08:53 IST
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