Sanjay Sen vs State Of M.P.
2021 Latest Caselaw 97 MP

                                                                    1                            CRR-2140-2020
                                        The High Court Of Madhya Pradesh
                                                   CRR-2140-2020
                                                            (SANJAY SEN Vs STATE OF M.P.)

                                5
                                Jabalpur, Dated : 23-02-2021
                                      Shri B.S. Kushwaha, learned counsel for the applicant/accused.
                                      Shri Harish Shukla, learned PL for the respondent/State.

Heard on admission.

Record of the courts below is available.

Appeal is admitted for hearing.

Also heard on I.A No.12073/2020 filed by the applicant/accused for suspension of his jail sentence awarded by the Court of Additional Sessions Judge, Berasia District Bhopal in criminal appeal no.275/2017 vide its judgment dated 12.10.2020 affirming the conviction under Section 354 of IPC and sentencing him to undergo RI for 1 year and fine amount of of Rs.2,000/- with default stipulation.

Learned counsel for the applicant submitted that the applicant has deposited his fine amount before the court below and regular hearing of the case will take time. Hence, looking to the nature of the offence, short term of

jail sentence and period of the custody, the applicant 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 applicant and looking to the nature of the offence as well as the period of custody incarcerated by applicant in jail, the I.A No.12073/2020, is allowed. The execution of the jail sentence of the applicant shall remain suspended till further orders and he be released on bail on his 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 for his appearance before Signature Not Verified SAN the trial court firstly on 12.07.2021 and thereafter, on all such subsequent

Digitally signed by PRASHANT BAGJILEWALE Date: 2021.02.23 18:00:34 IST 2 CRR-2140-2020 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

pb

Signature Not Verified SAN

Digitally signed by PRASHANT BAGJILEWALE Date: 2021.02.23 18:00:34 IST