Devendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 3071 MP

           01    HIGH COURT OF MADHYA PRADESH
                      CRA. No. 6235/2020
                       (Devendra vs. State of M.P.)

Gwalior, Dated: 07/7/2021
      Heard through video conferencing.

      Shri Sushil Goswami, learned counsel for the appellant.

      Shri      Anil    Shukla,   learned     Public   Prosecutor     for

respondent/State.

I.A. No. 19531/2021, an application for urgent hearing, is

taken up, considered and allowed for the reasons mentioned

therein.

Heard on I.A.No.19530/2021, first application under Section

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

appellant.

This criminal appeal has been filed against the judgment

dated 28/6/2018 passed by Special Judge (M.P.D.V.P.K. Act),

Karera, District Shivpuri in Special Sessions Trial No.32/2011 by

which appellant has been convicted and sentenced as under:-

  Section under IPC       Imprisonment         Fine        In default
392/397 (two counts)        7 years R.I.      Rs.500/-      15 days
                           (two counts)     (two counts)

It is submitted by the counsel for appellant Devendra that

the appellant has been wrongly convicted by the trial Court. There

are lots of contradictions and omissions in the evidence of the 02 HIGH COURT OF MADHYA PRADESH CRA. No. 6235/2020 (Devendra vs. State of M.P.)

prosecution witnesses. The appellant has suffered more than four

and half years of jail sentence and fine amount has already been

deposited. Hence, prayed to suspend the jail sentence of the

appellant and grant him bail. 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 suspension application.

Heard learned counsel for the parties through video

conferencing and perused the materials available on record.

Looking to the aforesaid facts and circumstances of the case,

without commenting on merits of the case, application (I.A. No.

19530/2021) is allowed and the remaining jail sentence of

appellant Devendra is hereby suspended. It is hereby directed that

the appellant shall be released on bail on furnishing personal bond

of Rs.75,000/- (Rupees Seventy Five Thousand only) with one

solvent surety of the like amount to the satisfaction of the 03 HIGH COURT OF MADHYA PRADESH CRA. No. 6235/2020 (Devendra vs. State of M.P.)

concerned Court. The appellant is further directed to mark his

appearance before the Office of this Court on 08/11/2021 and on

subsequent dates given by the Office in this regard, till final

disposal of this appeal.

In view of COVID-19 pandemic, the Jail Authorities are

directed that before releasing the appellant, 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 appellant to his house, and if the test is found positive then the

appellant shall be immediately sent to concerning hospital for

her/his treatment as per medical norms. If the appellant 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 appellant 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 appellant 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 04 HIGH COURT OF MADHYA PRADESH CRA. No. 6235/2020 (Devendra vs. State of M.P.)

Administration/Police Authorities shall immediately take them in

custody and would send them to the same jail from where they

were released.

The appellant 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.

  Digitally signed
  by ALOK KUMAR
  Date: 2021.07.07
  17:14:45 +05'30'                                   (Rajeev Kumar Shrivastava)
AKS                                                           Judge