Rakesh Ahirwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 42 MP

                                                                        1                               CRR-429-2021
                                              The High Court Of Madhya Pradesh
                                                         CRR-429-2021
                                                 (RAKESH AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                      1
                                      Jabalpur, Dated : 22-02-2021
                                            Shri Ghanshyam Pandey, learned counsel for the applicants/accused.
                                            Shri Aman Pandey, learned PL for the respondent/State.

Heard on admission.

Record of the courts below be requisitioned. The revision petition is admitted for final hearing.

Also heard on I.A.No.2606/2021 filed by the applicants/accused under section 397 (1) of Cr.P.C. for suspension of their jail sentence awarded by the Additional Sessions Judge, Berasiya District Bhopal in criminal appeal no.54/2019 vide its judgment dated 11.02.2021 affirming the conviction of the appellant no. 1 under Section 452, 323/34 and 354 of the IPC and under section 452 and 323/34 of the appellant no. 2 and sentencing them to undergo RI and fine as mentioned in the impugned order.

Learned counsel for the applicants submitted that the applicants have submitted their fine amounts and regular hearing of the case will take time.

Hence, looking to the nature of the offence and period of the custody, the applicants be enlarged on bail by suspending the jail sentence.

Learned Panel Lawyer appearing on behalf of the State has opposed the prayer for suspension of sentence and grant of bail.

Having heard the contentions of learned counsel for the applicants and looking to the nature of the offence as well as the period of custody incarcerated by applicants in jail, the execution of the jail sentence of the applicants namely; Rakesh Ahirwar and Deepak Ahirwar shall remain suspended till further orders and they be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Signature Not Verified SAN court for their appearance before the trial court firstly on 12.07.2021 and

Digitally signed by MANVENDRA SINGH PARIHAR Date: 2021.02.22 17:52:05 IST 2 CRR-429-2021 thereafter, on all such subsequent dates as may be fixed by the trial court subject to final order on the application.

In view of the outbreak of "Corona Virus Disease (COVID-19)", the applicant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme court in suo motu W.P.No.1/2020, it would be appropriate to issue the following

directions to the Jail authorities :-

1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his/her/their release.

2. The applicant shall not be released if he is suffering from "Corona Virus Disease" and for this purpose, appropriate tests will be carried out.

3. If it is found that the applicant is suffering from "Corona Virus Disease" necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

4. If the applicant is not found infected with the alleged virus, the jail authority shall ensure his transportation from the jail to his place of residence.

The transportation shall be done in full compliance of the rules and norms of social distancing.

List the case for final hearing in due course of time. Certified copy as per rules.

(AKHIL KUMAR SRIVASTAVA) JUDGE

MSP

Signature Not Verified SAN

Digitally signed by MANVENDRA SINGH PARIHAR Date: 2021.02.22 17:52:05 IST