Akash Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 224 MP

                                   1                     CRA.299/2020

                 HIGH COURT OF MADHYA PRADESH
                              CRA.299/2020
                 (Akash Jatav and others Vs. State of M.P.)

Gwalior, Dated:25.02.2021
      Shri Sunil Dubey, learned counsel for the appellants.

      Shri Dheeeraj Dhamaniya, learned Panel Lawyer, for the

respondent/State.

I.A. No. 4324/2021, an application form urgent hearing is taken

up, considered and allowed for the reasons mentioned therein.

Also heard on I.A.No.4325/2021 under Section 389 of Cr.P.C.

filed by appellant No.1-Akash Jatav, for suspension of sentence and

grant of bail.

Vide judgment dated 31.10.2019 passed by learned Special

Judge, (MPDDVPK) Act, Datia (M.P.) in S.T.No.30049/2014 the

appellant has been convicted and sentenced as under:

      Section           Sentence       Fine         In        default
                                                    stipulation
      394 & 397 of 10 years RI         Rs.2,000/-   3 months
      IPC r/w sec.
      13 MPDVPK
      Act

It is submitted by learned counsel for the appellant that the Court

below has wrongly convicted the appellant without appreciating the

evidence and materials available on record. The appellant is in custody

since six years five months. Learned counsel for the appellant further

submits that hearing of this appeal shall take considerably long time.

Under these circumstances, he prayed to suspend the jail sentence of 2 CRA.299/2020

the appellant and grant bail.

On the other hand, learned Public Prosecutor opposed the prayer

and prayed for dismissal of the application for suspension of sentence.

Heard learned counsel for the parties at length through Video

Conferencing.

In view of the aforesaid and considering the facts and

circumstances of the present case, without commenting upon the

merits of the case, it would be appropriate to accept the application of

the appellant.

Consequently, I.A.No. 4325/2021 is hereby allowed.

If the appellant furnishes a bail bond in the sum of Rs.75,000/-

(Rupees seventy five thousand Only) along with one surety bond of

the like amount to the satisfaction of the trial Court and undertakes that

he will appear before the Registry of this Court on 05.04.2021 and on

subsequent dates given by the office for his appearance till the disposal

of the present appeal, then the appellant shall be released on bail and

execution of jail sentence is suspended till the disposal of this appeal.

Appellant would intimate his place of residence to the SHO of

concerned Police Station, where he resides. Appellant shall further

submit an undertaking to the effect that he will abide by the terms and

conditions of different circulars, orders as well as guideline issued by

Central Government, State Government as well as Local

Administration for maintaining social distancing, hygiene etc to avoid

Novel Corona Virus (COVID -19) pandemic.

3 CRA.299/2020

In view of COVID -19, jail Authorities are directed that before

releasing the appellant, preliminary medical examination of appellant

shall be undertaken by the jail doctor and on prima facie, if it is found

that he is having the symptoms of COVID-19, then consequential

follow up action including the isolation/quarantine or any test if

required, be ensured, otherwise appellant shall be released immediately

on bail and shall be given a pass or permit for movement to reach his

place of residence.

E-copy of this order be provided to the appellant's counsel and

the same be sent to the trial Court concerned for compliance.

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

                                       (Rajeev Kumar Shrivastava)
vv                                       Judge



     SMT
     VALSALA
     VASUDEVAN
     2021.02.26
     10:46:13
     +05'30'