Ramprakash vs The State Of Madhya Pradesh
2021 Latest Caselaw 34 MP

        01      HIGH COURT OF MADHYA PRADESH
                      CRR. No. 426/2021
                    ( Ram Prakash Vs. State of MP)

Gwalior, Dated:22.02.2021
      Shri Rajiv Sharma, learned counsel for the petitioner.

      Smt.     Abha    Mishra,   learned    Public   Prosecutor    for

respondent/State.

Heard on I.A.No. 5303/2021, first application under Section

397 (1) of Cr.P.C. for suspension of sentence on behalf of the

petitioner.

This criminal revision has been filed against the judgment

dated 13.2.2021 passed by IVth Additional Sessions Judge, Bhind

in Criminal Appeal No.2000101/2015 affirming the judgment of

conviction and sentence dated 13.03.2015 passed by Chief Judicial

Magistrate, First Class, Bhind in Case No.1820/2011 by which the

petitioners have been convicted under Section 7(1)(a)(2) of

Essential Commodities Act, 1955 and has been sentenced to

undergo three months RI with fine of Rs.1000/- 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 since fourteen days. Hence, prays to suspend the jail 02 HIGH COURT OF MADHYA PRADESH CRR. No. 426/2021 ( Ram Prakash Vs. State of MP)

sentence of the petitioner. 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.

Counsel for the State vehemently opposed the prayer and

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 aforesaid facts and circumstances of the case,

without commenting on merits of the case, the application (I.A.

No.5290/2021) 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

petitioners are further directed to mark his appearance before the

Office of this Court on 5.4.2021 and on subsequent dates given by 03 HIGH COURT OF MADHYA PRADESH CRR. No. 426/2021 ( Ram Prakash Vs. State of MP)

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.

                     04      HIGH COURT OF MADHYA PRADESH
                                  CRR. No. 426/2021
                              ( Ram Prakash Vs. State of MP)

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)
vv                                               Judge




     SMT VALSALA
     VASUDEVAN
     2021.02.23
     12:08:55
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