Madhya Pradesh High Court
Govind Singh vs The State Of Madhya Pradesh on 13 December, 2021
Author: Sushrut Arvind Dharmadhikari
1 CRA-7470-2021
The High Court Of Madhya Pradesh
CRA No. 7470 of 2021
(GOVIND SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 13-12-2021
Shri K.K. Agnihotri, learned counsel for the appellants.
Shri Anshul Mishra, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Appeal seems to be arguable, hence, admitted for final hearing.
Shri Anshul Mishra, learned Public Prosecutor accepts notice on behalf
of the respondent/State.
Call for the record of the trial Court.
Heard on I.A. No.21899/2021, which is an application filed under
Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to the
appellants.
This criminal appeal is directed against the judgment dated 02.12.2021
passed in S.T.No.471/2014 by the Additional Sessions Judge, Jabalpur,
District Jabalpur, whereby all the appellants have been convicted under
Section 148 of IPC and sentenced to undergo one year simple imprisonment
with fine of Rs.500/- each and in default to undergo additional simple
imprisonment for 15 days, under Section 452 of IPC and sentenced to
undergo one year simple imprisonment with fine of Rs.500/- each and in
default to undergo additional simple imprisonment for 15 days and under
Section 323/149 of IPC (on two counts) and sentenced to undergo six
months' simple imprisonment with fine of Rs.500/- each and in default to
undergo additional simple imprisonment for 7 days.
Learned counsel for the appellant submits that the learned trial Court
has erred in appreciating the evidence on record. The appellants were on bail
during trial and they did not misuse the liberty so granted. The fine amount
has already been deposited by them. An early hearing of this appeal is not
possible and owing to COVID-19 outbreak, detention of appellants in already
Signature Not Verified
SAN
Digitally signed by VINAY KUMAR
BURMAN
Date: 2021.12.14 10:27:24 IST
2 CRA-7470-2021
congested prisons may be detrimental. The appellants are permanent residents
of District- Jabalpur (M.P.). There are fair chances of success of this appeal.
They are ready to abide by the terms and conditions as may be imposed by
this Court. With the aforesaid submissions, prayer for suspension of sentence
is made.
The prayer is opposed by the learned Public Prosecutor.
Taking into consideration the facts and circumstances of the case, I.A.
is allowed.
It is, therefore, directed that if appellants deposit the entire fine amount,
if not already deposited, and furnishes a personal bond in the sum of
Rs.50,000/- (Rupees fifty thousand) each with a solvent surety in the like
amount each to the satisfaction of trial Court for their appearance before the
Registry of this Court on 14 th March, 2021 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.
The appellants shall furnish a written undertaking that they will 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.
List this case for final hearing in due course.
A copy of this order be sent to the trial Court concerned for
compliance.
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 10:27:24 IST
