Santosh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8699 MP

                                                                     1                                 CRA-350-2017
                                          The High Court Of Madhya Pradesh
                                                    CRA No. 350 of 2017
                                                 (SANTOSH AND OTHERS Vs THE STATE OF MADHYA PRADESH)


                                  Jabalpur, Dated : 13-12-2021
                                        Shri Uday Raj Mishra, counsel for the appellant No.2.

                                        Shri Anshul Mishra, Panel Lawyer, for the respondent/State.

Heard on I.A. No.21884/2021, which is second application for suspension of sentence and grant of bail to appellant No.2- Ashok.

This appeal has been preferred against the judgment dated 03.11.2016

passed by the Additional Sessions Judge, Bijawar District Chhatarpur in S.T.No.170/2014; whereby the appellant No.2 has been convicted under section 394 of IPC and sentenced to suffer RI for 10 years and fine of Rs.2000/-, with default stipulation.

Learned counsel for the appellant submits that out of 10 years, appellant has already suffered about 7 years' sentence and looking to the period of custody already undergone, the remaining sentence of the appellant deserves to be suspended. It is further submitted that in view of outbreak of COVID 19, detention of the appellant in already congested prison may be

detrimental. An early hearing of this appeal is not possible.

Taking into consideration the period of sentence already undergone in the light of judgment of the Apex Court in the case of Kamal Vs. State of Haryana ((2006)1 SCC (Cri) 757), the I.A. is allowed.

It is, therefore, directed that if appellant 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 to the satisfaction of trial Court for his appearance before the Registry of this Court on 21/03/2022 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

The appellant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by Signature Not Verified SAN

Digitally signed by VINAY KUMAR BURMAN Date: 2021.12.14 10:27:23 IST 2 CRA-350-2017 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 appellant 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.

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

(S. A. DHARMADHIKARI) JUDGE

vinay*

Signature Not Verified SAN

Digitally signed by VINAY KUMAR BURMAN Date: 2021.12.14 10:27:23 IST