Ajay vs The State Of Madhya Pradesh
2021 Latest Caselaw 333 MP

1                           Cr.A.No.983/2021
                    (Ajay and others Vs. State of M.P.)

Indore : Dated 27.2.202
      Shri Vivek Singh, learned counsel for the appellants.
      Shri   S.H.Karanjawala,      learned    Govt.Advocate   for   the
respondent/State.

Let record of the Court below be requisitioned. Heard on I.A.No.2732/2021; an application for grant of suspension of sentence.

The appellants have been convicted under Section 32434 IPC and sentenced to undergo seven years RI with fine of Rs.1,500/- and under section 458 IPC and sentenced to undergo one year RI with fine of Rs.1,000/- each and in addition appellant No.2 has been convicted under Section 354 IPC and sentenced to undergo three years RI with fine of Rs.1,000/- with default stipulation, vide judgment dated 30.1.2021 passed by 3rd Addl.Sessions Judge, Dr.Ambedkar nagar, District Indore in S.T.No.672/2015.

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 trial Court has suspended their jail sentence till 2.3.2021. 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 are on bail during trial and they have not misused the liberty, the trial Court has suspended jail sentence till 2.3.2021, 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.50,000/- (Rs.Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court. The appellants are directed to appear before the Registry of this Court on 3.6.2021 and on other

(Ajay and others Vs. State of M.P.)

subsequent dates as may be fixed in this behalf with following further conditions. :-

(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: 2021.02.27 17:45:52 +05'30'