Jitendra Singh Tomar @ Jelar vs The State Of Madhya Pradesh
2021 Latest Caselaw 2968 MP

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            THE HIGH COURT OF MADHYA PRADESH
                           Cr.A.No.2030/2021
           (Jitendra Singh Tomar alias Jailor Vs. State of M.P.)


Gwalior, Dated:-5.7.2021
         Heard through Video Conferencing.

         Shri D.S. Tomar, learned counsel for the appellant.

         Shri   Manish     Nayak,       learned   Panel     Lawyer    for   the

respondent/State.

Heard the learned counsel for the parties.

The appeal seems to be arguable, therefore, the same is

admitted for final hearing.

Let record of the Trial Court be called for.

This criminal appeal under Section 374 of Cr.P.C assails the

judgment of the trial Court dated 3.2.2021 passed by Second

Additional Sessions Judge, Ambah, District Morena in Sessions

Trial No.388/2018, whereby appellant has been convicted and

sentenced as under:

Section Act Imprisonment Fine Default (in lieu of fine) 34 (2) M.P. 2 years R.I. Rs.30,000/- 6 months R.I.

Excise Act 467 IPC 5 years R.I. Rs.2000/- 2 months R.I. 471 IPC 5 years R.I. Rs.2000/- 2 months R.I.

Heard on I.A. No.18653 of 2021, first application under

Section 389 (1) of Cr.P.C for suspension of jail sentence and grant

of bail on behalf of appellant.

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.2030/2021 (Jitendra Singh Tomar alias Jailor Vs. State of M.P.)

Learned counsel for the appellant submits that the appellant

is in custody since 3.2.2021. Learned counsel for the appellant

submits that the appellant was on bail during trial and he has not

misused the said liberty of bail. The amount of fine have already been

deposited. Learned counsel further submits that hearing of the appeal

shall take some time. He is ready to abide by all the terms and

conditions as may be imposed by this Court. Upon these submissions,

learned counsel for the appellant prays to allow the I.A.

On the other hand, learned Panel Lawyer for the State has

opposed the application stating that looking to the nature of the

offence committed by the present appellant he is not entitled for grant

of bail and he has supported the findings given by the Trial Court and

prayed for dismissal of the application.

Considering the overall facts and circumstances of the case and

looking to custody period of the appellant as well as looking to the

present scenario of COVID-19, this Court deems it appropriate to

allow this application.

Accordingly, application for suspension of sentence is allowed.

The appellant is directed to be released by suspending his sentence on

furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty

Thousand Only) with two solvent sureties of the like amount to the

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.2030/2021 (Jitendra Singh Tomar alias Jailor Vs. State of M.P.)

satisfaction of trial court, subject to verification of depositing the fine

amount, if any, for his appearance before Registry of this Court on

7.12.2021 and thereafter on all such other dates as may be fixed in this

regard until further orders.

The appellant is directed to abide by all the terms and

conditions. Appellant shall install Arogya Setu App in his mobile

immediately and would intimate his place of residence to the SHO of

concerned Police Station; where he resides. Appellant further submit

the undertaking to the effect that he will abide by the terms and

conditions of different circulars, orders as well as guidelines issued by

Central Government, State Government as well as Local

Administration for maintaining social distancing, hygiene etc to avoid

Novel Corona Virus (COVID-19) pandemic.

In view of the COVID-19, jail authorities are directed that

before releasing the appellant, medical examination shall be

undertaken by the jail doctor and on prima facie, if it is found that he

is having the symptoms of COVID-19, then consequential follow up

action including the isolation/quarantine or any test if required, be

ensured, otherwise appellant shall be released immediately on bail and

shall be given a pass or permit for movement to reach his place of

residence.

Application (I.A.No.18653/2021) stands disposed of.

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.2030/2021 (Jitendra Singh Tomar alias Jailor Vs. State of M.P.)

E-copy/Certified copy as per rules/directions.

(Vishal Mishra) Judge Pawar* ASHISH PAWAR 2021.07.06 15:17:18 +05'30'