Madhya Pradesh High Court
Vijay Singh Ahirwar vs The State Of Madhya Pradesh on 10 December, 2021
Author: Rohit Arya
1 CRA-7298-2021
The High Court Of Madhya Pradesh
CRA No. 7298 of 2021
(VIJAY SINGH AHIRWAR Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 10-12-2021
Shri Anshu Gupta, learned counsel for the appellant.
Shri Vijay Sundaram, learned Panel Lawyer for respondent/State.
Heard on admission.
Appeal is admitted for hearing.
Heard on I.A.No.32726/2021, first application under section 389(1)
Cr.P.C., seeking suspension of sentence and grant of bail filed on behalf of
sole appellant.
Appellant has been convicted under Section 471 of IPC and sentenced
to suffer rigorous imprisonment of 4 years with fine of Rs.1,000/- in default
to suffer R.I. for 6 months vide judgment dated 15/11/2021 passed in ST
No.500106/2014 by the V Additional Sessions Judge, Guna.
Learned counsel for the appellant submits that present appellant is
innocent and have been falsely implicated in the case. The trial Court has mis-
appreciated the evidence on record. During trial appellant was on bail and has
not misused the liberty so granted. The Trial Court has already suspended the
execution of jail sentence till 15.12.2021. Final disposal of the appeal is likely
to take time. Fine amount has already been deposited. On these grounds,
learned counsel prays that execution of the jail sentence of appellant may be
suspended and he may be enlarged on bail.
Per contra, learned Panel Lawyer opposes the bail application and
prayed for its rejection.
Considering the facts and circumstances of the case and submission of
learned counsel for the parties but, without expressing any opinion on merits
o f the case, this Court is of the view that the application deserves to be
allowed. It is, accordingly, directed that execution order of jail sentence of
appellant shall remain suspended during pendency of this appeal and he shall
be enlarged on bail subject to furnishing personal bond in the sum of
2 CRA-7298-2021
Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like
amount to the satisfaction of the Trial Court and also subject to deposit of the
fine amount (if not already deposited) for appearance before the Registry of
this Court on 10/3/2022, and on further dates as may be directed by the
Registry in that regard, with following further conditions:
(i) Appellant will abide by the terms and conditions of various circulars and
orders issued by the Government of India and the State Government as well
as the local administration from to time in the matter of maintaining social
distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel
Corona virus (COVID-19);
(ii) The concerned Jail Authorities are directed that before releasing
appellant, his medical examination 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 including the isolation/quarantine or any
further test required be undertaken immediately.
(iii) On violation of the conditions, State is free to apply for cancellation of
bail.
Accordingly, the I.A. stands allowed and disposed of.
Certified copy as per rules.
List for final hearing in due course.
(ROHIT ARYA)
JUDGE
SP
SANJEEV KUMAR
PHANSE
2021.12.11
15:54:20 +05'30'
