Madhya Pradesh High Court
Hari Singh Kushwah vs The State Of Madhya Pradesh on 7 December, 2021
Author: Vishal Mishra
1
HIGH COURT OF MADHYA PRADESH
Cr.R. No. 3205/2021
(Harisingh Kushwah & Ors. vs The State of M.P.)
Gwalior, Dated : 07.12.2021
Smt. Uma Kushwaha, learned counsel for the petitioners.
Shri Pramod Pachauri, learned Public Prosecutor for the
respondent-State.
The petitioners have filed this Cr.Revision under Section 397
read with section 401 of Cr.P.C against the judgment dated 26.11.2021
passed by Second Additional Sessions Judge, Dabra, District Gwalior
in Cr.Appeal No.43 of 2017 partially affirming the judgment dated
23.2.2017 passed by the Court of Judicial Magistrate, First Class
Dabra, District Gwalior in Cr.Case No. 1041 of 2015, convicting the
petitioners under Sections 325/34, 324 and 323/34 of IPC and
sentencing them to undergo rigorous imprisonment of six months with
fine of Rs.300/-, rigorous imprisonment of two months with fine of
Rs.100/- and rigorous imprisonment of one month with fine of Rs.100/-
respectively with default stipulation.
Heard on I.A.No.32563 of 2021, which is the first application
under Section 397(1) of the Cr.P.C moved on behalf of the petitioners
for suspension of sentence and grant of bail.
It is pointed out that the petitioners are in custody since
26/11/2021 i.e. the date of impugned judgment. They were on bail
during trial and did not misuse the liberty granted to them by the Court.
Fine amount has already been deposited.
Learned counsel for the State opposed the interim application for
suspension of jail sentence of the petitioners and has submitted that the
conviction given by the trial Court has been upheld by the appellate
Court but he did not dispute the fact that the maximum conviction is
six months only.
Looking to the custody period as well as the fact that the
maximum conviction is of six months only, without commenting on
merits of the case, I am of the view that a case is made out for
suspension of custodial jail sentence of petitioners and grant of bail to
them during pendency of this revision. Hence, the I.A. is allowed. The
execution of remaining jail sentence of petitioners is hereby suspended
and they be released on bail upon each of them furnishing a personal
bond in the sum of Rs.50,000/- (Fifty thousand) with one solvent
surety of the same amount to the satisfaction of trial court, subject to
depositing the fine amount, if any, for their appearance before Registry
of this Court on 20.04.2022 and thereafter on all such other dates as
may be fixed by it in this regard until further orders.
Call for the record of the courts below and list thereafter for
admission in due course along with the records.
Petitioners shall install Arogya Setu App in his mobile
immediately and would intimate their place of residence to the SHO of
concerned Police Station; where they reside. Petitioners 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 petitioners,
medical examination of petitioners 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 petitioners shall be released immediately on bail and shall be
given a pass or permit for movement to reach their place of residence.
E-copy of this order be provided to the appellant and E-copy of
this order be sent to the trial Court concerned for compliance.
It is made clear that E-copy of this order shall be treated as
certified copy for practical purposes in respect of this order.
Certified copy as per rules.
ALOK KUMAR
2021.12.07
16:57:30 (Vishal Mishra)
+05'30'
Judge
AKS
