Madhya Pradesh High Court
Sudheer Singh Bhadoriya vs The State Of Madhya Pradesh on 20 December, 2021
Author: Rohit Arya
1 CRA-7796-2021
The High Court Of Madhya Pradesh
CRA No. 7796 of 2021
(SUDHEER SINGH BHADORIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 20-12-2021
Shri Amit Goswami, learned counsel for the appellants.
Shri Ravindra Singh Kushwah, learned Dy.Advocate General for
respondent/State.
Heard on admission.
Appeal is admitted for hearing.
Record of the trial court be requisitioned.
Heard on I.A.No.33413/2021, first application under section 389(1)
Cr.P.C., seeking suspension of sentence and grant of bail filed on behalf of
the appellants.
Appellants have been convicted under Sections 394/34 of IPC read
with Section 13 of M.P.D.V.P.K.Act and sentenced to suffer 3 years' R.I.
with fine of Rs.1,000/- in default to suffer R.I. for 6 months vide judgment
dated 22.11.2021 passed in ST (DOCT) 69/2008 by the Special Judge
(Dakaiti), Bhind (M.P.).
Learned counsel for the appellants submits that present appellants are
innocent and have been falsely implicated in the case. The trial Court has mis-
appreciated the evidence on record. During trial appellants were on bail and
have not misused the liberty so granted. The Trial Court has already
suspended the execution of jail sentence for one month. 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 the
appellants may be suspended and they may be enlarged on bail.
Per contra, learned Dy.Advocate General 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
2 CRA-7796-2021
allowed. It is, accordingly, directed that execution order of jail sentence of the
appellants shall remain suspended during pendency of this appeal and they
shall be enlarged on bail subject to furnishing personal bond in the sum of
Rs.1,00,000/- (Rupees One Lakh Only) each with one solvent surety each
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 their appearance
before the Registry of this Court on 10/2/2022, and on further dates as may
be directed by the Registry in that regard, with following further conditions:
(i) Appellants 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
appellants, their medical examination be conducted through the jail doctor and
if it is prima facie found that they are 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.
(ROHIT ARYA)
JUDGE
SP
SANJEEV
KUMAR PHANSE
2021.12.21
12:12:46 +05'30'
