Sanju @ Sanjay vs The State Of Madhya Pradesh
2021 Latest Caselaw 174 MP

                                   1                               CRR-488-2021
        The High Court Of Madhya Pradesh
                   CRR-488-2021
                 (SANJU @ SANJAY Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 24-02-2021
      Shri Anshu Gupta, learned counsel for the petitioner.
      Shri Dheeraj Budholiya, learned Panel Lawyer for the respondent/State.

I.A. No. 5652/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

The revision being arguable is admitted for final hearing.

Also, heard on I.A.No. 5655/2021, an application for suspension of sentence on behalf of the petitioner.

This criminal revision has been filed against the judgment dated 16/02/2021 passed by Third Additional Sessions Judge, Ganjbasoda, Distt. Vidisha (M.P.) in Criminal Appeal No. 06/2020 affirming the judgment of conviction and sentence dated 23/11/2019 passed by Judicial Magistrate First Class, Ganjbasoda, Distt. Vidisha (M.P.) in Reg. No.601376/2014, by which the petitioner has been convicted under Section 354 of IPC and has been sentenced to undergo rigorous imprisonment of one year with fine of

Rs.1,000/- with default stipulation.

It is submitted by learned counsel for the petitioner that the petitioner has been wrongly convicted by the appellate Court as well as by the trial Court. It is further submitted that the petitioner is in custody and fine amount has already been deposited by the petitioner. Hence, prays to suspend the jail sentence of the petitioner looking to the short period of jail sentence. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Learned State counsel has vehemently opposed the submissions and 2 CRR-488-2021 prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties and perused the materials available on record.

Looking to the short period of jail sentence, without commenting on merits of the case, the application (I.A. No. 5655/2021) is allowed and the remaining jail sentence of the petitioner is hereby suspended. It is hereby

directed that on depositing the fine amount, if not already deposited, the petitioner shall be released on bail on furnishing personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Court. The petitioner is further directed to mark his appearance before the Office of this Court on 05/4/2021 and on subsequent dates given by the Office in this regard, till final disposal of this revision.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the petitioner, his Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the petitioner to his house, and if the test is found positive then the petitioner shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the petitioner is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, the petitioner is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the petitioner has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take them in custody and would send them to the same jail from where they were released.

The petitioner is further directed to inform the SHO of concerned police station about his residential address in the said area and it would be the 3 CRR-488-2021

duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.

List the case for final hearing in due course.

Let record of the Courts below be also requisitioned, if not already called.

E- copy of this order be sent to the Court below concerned for compliance.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Shubhankar

SHUBHANKAR MISHRA 2021.02.24 17:41:43 +05'30'