Madhya Pradesh High Court
Ramsingh vs The State Of Madhya Pradesh on 23 February, 2021
Author: Rohit Arya
1 Cr.A.No.873/2020
(Ram Singh and others Vs. State of M.P.)
Indore : Dated 23.2.2021
Shri Ashish Tiwari, learned counsel for the appellants.
Shri Kushal Goyal, learned Panel Lawyer for the
respondent/State.
Let record of the Courts below be requisitioned.
Heard on I.A.No.1111/2021; an application for grant of
suspension of sentence.
The appellants have been convicted under Section 394 read
with Section 34 IPC and sentenced to undergo seven years RI with
fine of Rs.1,500/- and under section 458 IPC and sentenced to
undergo seven years RI with fine of Rs.1,500/- each with default
stipulation, vide judgment dated 19.12.2019 passed by
Addl.Sessions Judge, Nagda, District Ujjain in S.T.No.400098/2017.
It is submitted that learned trial Court has wrongly convicted
the appellants. The learned trial Court has not properly appreciated
the evidence. The appellants were on bail during trial and they have
not misused the liberty. The appellants are in jail since 17.8.2016.
They have suffered jail incarceration for four and half years. The
disposal of appeal will take time, hence prayed for suspension of
execution of jail sentence.
The prayer is opposed by the learned Govt.Advocate.
Taking into consideration that the appellants have suffered jail
incarceration for four and half years and are in custody since
16.8.2016, the disposal of appeal will take time, subject to depositing
the fine amount, the application is allowed. It is directed that the jail
sentence of the appellants shall remain suspended and they be
released on bail on each of them furnishing a personal bond in the
sum of Rs.2,00,000/- (Rs.Two Lacs only) with one solvent surety in
the like amount to the satisfaction of the trial Court. The appellant is
directed to appear before the Registry of this Court on 3.5.2021 and
on other subsequent dates as may be fixed in this behalf with
following further conditions. :-
(Ram Singh and others Vs. State of M.P.)
(i) the concerned jail authorities are directed that
before releasing the appellants, the medical
examination of the appellants 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. If not, the appellants shall be
released on bail in terms of the conditions imposed in
this order and shall also be given pass or permit for
movement to reach his place of residence;
(ii) violation of conditions, State is free to apply for
cancellation of bail.
Accordingly, the IA stands disposed of.
List in due course.
E-Certified copy as per rules.
(Rohit Arya)
Judge
Patil
Digitally signed
by Shailesh Patil
Date: 2021.02.24
10:17:42 +05'30'
