Madhya Pradesh High Court
Brijesh Ahirwar vs The State Of Madhya Pradesh on 24 February, 2021
Author: Akhil Kumar Srivastava
1 CRA-6060-2020
The High Court Of Madhya Pradesh
CRA-6060-2020
(BRIJESH AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
4
Jabalpur, Dated : 24-02-2021
Shri Gulzar Rajput, learned counsel for the appellants.
Shri N. Singh, learned PL for the State.
Heard on I.A. No.13284/2020, an application for suspension of
sentence and grant of bail to the appellants.
The appellants have been convicted for offence punishable under
Section 306 of the IPC, R.I. for five years with fine of Rs. 1000/- in the first
count, while under Section 498-A of IPC., RI for three years with fine of
Rs.500/- in the second count, with default stipulations. It is stated that the
fine amount has already been deposited and the appellants.
Learned counsel for the appellants submit that the appellants have
already undergone half of the jail sentence.
Having heard learned counsel for the parties and having perused the
judgment of the trial Court. Considering the fact that appellants have already
undergone half of the jail sentence and the final disposal of the appeal would
take some time, therefore, I.A. No.13284/2020, is, therefore, allowed and it
is directed that the sentence of imprisonment, imposed upon the appellants,
shall remain suspended during the pendency of this appeal and appellants
Brijesh Ahirwar and Smt. Suman Bai @ Krishna Bai shall be released
on bail on their depositing the amount of fine and furnishing a personal bond
in the sum of Rs.1,00,000/- (Rupees One lacs) by each with one surety in the
like amount to the satisfaction of C.J.M. Bhopal for their appearance before
the Registry of this Court on 15.06.2021 and on such other dates as may be
fixed by the office during the pendency of this appeal.
In view of the outbreak of "Corona Virus Disease (COVID-19)", the
applicant shall also comply with the rules and norms of social distancing.
Signature Not Verified
SAN
Further, in view of the order passed by the Hon'ble Supreme court in suo
Digitally signed by PRASHANT
BAGJILEWALE
Date: 2021.02.24 17:12:57 IST
2 CRA-6060-2020
motu W.P.No.1/2020, it would be appropriate to issue the following
directions to the Jail authorities :-
1.
The Jail Authority shall ensure the medical examination of the
appellants by the jail doctor before his/her/their release.
2. The appellants shall not be released if they/he is/are suffering from
"Corona Virus Disease" and for this purpose, appropriate tests will be carried
out.
3. If it is found that the appellants is/are suffering from "Corona Virus
Disease" necessary steps will be taken by the concerned authority by placing
him/them in appropriate quarantine facility.
4. If the appellants is/are not found infected with the alleged virus, the
jail authority shall ensure their transportation from the jail to his place of
residence.
The transportation shall be done in full compliance of the rules and
norms of social distancing.
List the case for final hearing in due course of time.
Certified copy as per rules
(AKHIL KUMAR SRIVASTAVA)
JUDGE
pb
Signature Not Verified
SAN
Digitally signed by PRASHANT
BAGJILEWALE
Date: 2021.02.24 17:12:57 IST
