Sobaran Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 9133 MP

                                   1                              CRA-7734-2021
        The High Court Of Madhya Pradesh
                 CRA No. 7734 of 2021
            (SOBARAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 22-12-2021
      Shri Navnidhi Parharya, learned counsel for the petitioner.

      Smt. Padamshree Agarwal, learned counsel for respondent/State.

Heard on admission.

Appeal is admitted for hearing.

Record of the trial court be requisitioned.

Heard o n I.A.No.33327/2021, 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 325 of IPC and sentenced to suffer 2 years' R.I. with fine of Rs.2,000/- in default to suffer further R.I. for 3 months vide judgment dated 10/12/2021 passed in ST (DOCT) No. 700029/2012 by the Special Judge (Dakaiti), Gwalior (M.P.).

Learned counsel for the appellants submits that present appellants are innocent and has been falsely implicated in the case. The trial Court has mis-

appreciated the evidence on record. During trial appellant No.1 was on bail and have not misused the liberty so granted while the appellant No.2 has been extended benefit of anticipatory bail. 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 allowed. It is, accordingly, directed that execution order of jail sentence of the 2 CRA-7734-2021 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 fro m 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, I.A.No.33327/2021 stands allowed and disposed of. Certified copy as per rules.

(ROHIT ARYA) JUDGE

(Dubey)

SUNEEL DUBEY Digitally signed by SUNEEL DUBEY DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=157244b0239a6fd662b29b00a11fc66a5e160f585aa7a9 2425f380d476b32818, pseudonym=046B231C591E29491F36ABD156EBF3A713937186, serialNumber=4009CAE962958E019ADDF04E87EFD5C07FA5D0C 38532D550F61B55401A275B8C, cn=SUNEEL DUBEY Date: 2021.12.21 23:57:34 -08'00'