Madhya Pradesh High Court
Raghavendra Singh vs The State Of Madhya Pradesh on 2 July, 2021
Author: Sanjay Dwivedi
1 CRA-325-2021
The High Court Of Madhya Pradesh
CRA-325-2021
(RAGHAVENDRA SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
4
Jabalpur, Dated : 02-07-2021
Heard through Video Conferencing.
Shri Jeetendra Kumar Dixit, counsel for the appellants.
Shri S.K. Malvi, Panel Lawyer for the respondent/State.
Heard on I.A. No.11276/2021, an application for suspension of
sentence and grant of bail on behalf of appellant No.1-Raghvendra
Singh.
Vide impugned judgment dated 30.12.2020 passed in Sessions
Trial No.100275/2015 by the Second Additional Sessions Judge,
Bijawar, District-Chhatarpur, the appellant has been convicted for the
offence punishable under Section 307 of the Indian Penal Code and
sentenced thereunder to suffer R.I. for 7 years with fine of Rs.5,000/-,
with default stipulation.
Learned counsel for the appellant submits that this is the second
application for suspension of sentence and grant of bail on behalf of
appellant No.1. The first application was dismissed as withdrawn vide
order dated 06.05.2021. He submits that on earlier occasion when
bail application was being argued, record of the case of appellant
No.1 was not available, therefore, the application was withdrawn.
However, he submits that co-accused-Gangu @ Ramvishal, who has
been identified, has already been granted bail by this Court. He further
submits that during trial, the present appellant was behind the bars for
ten months and now, from the date of judgment i.e. 30.12.2020, he is
in jail.
Signature Not Verified
SAN
Learned Panel Lawyer for the respondent/State opposes the
Digitally signed by PRACHI PANDEY
Date: 2021.07.02 17:40:37 IST
2 CRA-325-2021
application and submits that in view of the allegations made against
the present appellant and also the finding given by the Court below,
the application deserves to be rejected.
Considering the aforesaid and the fact that co-accused- Gangu
@ Ramvishal has been enlarged on bail and appellant No.1 has
suffered almost two years of the sentence awarded to him, without
commenting anything on the merits, I am of the opinion that the
sentence awarded to appellant No.1 can be suspended and he can be
enlarged on bail. Accordingly I.A. No.11276/2021 is allowed.
I t is directed that on appellant's depositing the entire fine
amount, if not deposited, so also furnishing a personal bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent
surety of the like amount to the satisfaction of the trial Court for his
appearance before the Registry of this Court on 23.12.2021 and on
all such subsequent dates as may be fixed in this regard, sentence of
imprisonment awarded to appellant No.1 shall remain suspended and
he shall be released on bail, if not required to be detained in any other
case.
The jail authority is also directed to ensure that the appellant is
examined by the jail doctor to ascertain that he is not afflicted with
the COVID-19 virus. If the doctor suspects otherwise, the appellant
shall be referred to the appropriate hospital for further management as
per the protocol laid down by the State. In the event the jail doctor is
of the opinion that the appellant can be released, then he shall be
released.
Certified Copy as per rules.
(SANJAY DWIVEDI)
Signature Not Verified
SAN
Digitally signed by PRACHI PANDEY
Date: 2021.07.02 17:40:37 IST
3 CRA-325-2021
JUDGE
Prachi
Signature Not Verified
SAN
Digitally signed by PRACHI PANDEY
Date: 2021.07.02 17:40:37 IST
