Naresh Khatri vs The State Of Madhya Pradesh
2021 Latest Caselaw 309 MP

                                   1                                CRR-421-2021
        The High Court Of Madhya Pradesh
                   CRR-421-2021
                  (NARESH KHATRI Vs THE STATE OF MADHYA PRADESH)

2
Gwalior, Dated : 27-02-2021
       Shri Rajiv Sharma, learned counsel for the petitioner.
       Shri Dheeraj Budholiya, learned Panel Lawyer for the respondent-State.

I.A. No.5240/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

The appeal being arguable is admitted for final hearing.

Also, heard on I.A. No.5241/2021, an application under Section 397(1) of CrPC for suspension of jail sentence and grant of bail to the petitioner.

This criminal revision has been filed against the judgment dated 13/2/2021 passed by Fourth Additional Sessions Judge, Bhind, District Bhind in Criminal Appeal No.200089/2015 by which the judgment of conviction and sentence dated 13/3/2015 passed by Chief Judicial Magistrate, Bhind, District Bhind in Criminal Case No.1820/2011 has been affirmed whereby the petitioner has been convicted under Section 7(1)(A)(2) of Essential

Commodities Act and has been sentenced to undergo rigorous imprisonment of three months with fine of Rs.1,000/- with default stipulation.

It is submitted by learned counsel for the petitioner that the trial Court as well as Appellate Court have wrongly convicted the petitioner without properly appreciating the material and evidence available on record. Petitioner is in custody since the date of judgment i.e. 13/2/2021. It is further submitted that jail sentence of co-accused Ram Prakash has already been suspended and he has been granted bail by this Court by order dated 22/2/2021 passed in CRR No.426/2021 and case of the present petitioner is also on the same footing. Hence, prayed to suspend the jail sentence of the petitioner and grant him bail.

Per contra, learned counsel for the State opposed the suspension 2 CRR-421-2021 application and prayed to reject the same.

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

Looking to the short period of jail sentence as well as the fact that the jail sentence of co-accused Ram Prakash has already been suspended, without commenting upon the merits of the case, I.A. No.5241/2021 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 presence 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 him in custody and would send him to the same jail from where he was released.

3 CRR-421-2021 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 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.

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) ALOK KUMAR 2021.02.27 JUDGE 15:18:42

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