Madhya Pradesh High Court
Deva vs The State Of Madhya Pradesh on 7 July, 2021
Author: Rohit Arya
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Revision No.717/2021
(Deva and 04 Others Vs. State of M. P.)
-1-
Indore, dated 07/07/2021
Heard through Video Conferencing.
Shri Gopal Yadav, learned counsel for the applicants.
Shri Shashwat Seth, learned Panel Lawyer for the respondent /
State.
Heard on I.A.No.4682/2021, which is an application under
Section 397 of Cr.P.C. for suspension of sentence and for grant of bail
on behalf of all the applicants.
The applicant No.1 and 3 have been convicted under section
354, 147, 323/149, 427/149 and 451 of the Indian Penal Code, 1860
and have been sentenced to under go 01 year RI, 06 months RI, 05
months RI, 06 months RI and 06 months RI respectively with fine of
Rs.200/- (u/s 354) and Rs.200/- (u/s 451) with default stipulation and
applicant No.2, 4 and 5 have been convicted under Section 147,
323/149, 427/149 and 451 of the Indian Penal Code, 1860 and have
been sentenced to under go 06 months RI, 05 months RI, 06 months
RI and 06 months RI respectively with fine of Rs.200/- (u/s 451) with
default stipulation vide judgment dated 13/01/2021 passed in Criminal
Appeal No.20/2017 by Additional Sessions Judge, Dharampuri, District
Dhar.
Learned counsel for the applicants submits that all the
applicants are in custody since 01/03/2021. As such applicants No.2, 4
and 5 have already suffered jail incarceration for about 04 months as
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Revision No.717/2021
(Deva and 04 Others Vs. State of M. P.)
against 06 months and applicant No.1 and 3 have suffered jail
incarceration for about 04 months as against 01 year and therefore,
learned counsel press the application for suspension of sentence on
behalf of the applicants No.2, 4 and 5 only and not on behalf of the
applicants No.1 and 3.
Hence, application filed on behalf of the applicants No.1 and 3
i.e. Deva S/o Laxmanvakla and Kailash S/o Laxmanvakla are
dismissed as not pressed.
Learned counsel for the the applicants submits that the
applicants are innocent and they have not committed the crime as
alleged. They have already suffered 04 months jail incarceration out of
total 06 months sentence awarded to them. It is submitted that learned
Courts below have not properly appreciated the evidence, and
committed error. During COVID-19 pandemic the regular criminal
revisions are not being taken up for consideration on merits.
Therefore, prays for suspension of sentence and enlargement of
applicant on bail, on such terms and conditions this Court deems fit
and proper.
Learned Public Prosecutor opposes the application for
suspension of sentence.
Taking into consideration the facts and circumstances of the
case and the fact that revision will take time, and the applicants No.2,
4 and 5 have already suffered jail incarceration of 04 months out of
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Revision No.717/2021
(Deva and 04 Others Vs. State of M. P.)
total sentence, the application is allowed. It is directed that the jail
sentence of the applicants No.2, 4 and 5 i.e. Laxman S/o
Gopiavakla, Premsingh S/o Laxmanvakla and Punja S/o
Chaganvakla shall remain suspended and they be released on bail on
their each furnishing personal bond in the sum of Rs.1,50,000/- (Rs.
One Lac and Fifty Thousand Only) with separate solvent sureties in
the like amount to the satisfaction of the trial Court.
The factual statement of jail incarceration in respect of the
applicants is as per the submission made by learned counsel for
the applicants. While accepting the bail bonds and sureties of the
like amount, the trial Court shall verify the factum regarding
duration of jail incarceration of applicants No.2, 4 and 5 and then
only accept the bail bonds.
The applicants are directed to appear before the Registry of this
Court on 23/08/2021 and on other subsequent dates as may be fixed
in this behalf with following further conditions. :-
(i) the applicants shall also mark their attendance before
the concerned police station on 2 nd Saturday of every month
between 10:00 a.m. to 12:00 noon.
(ii) the applicants shall abide by the terms and conditions of
various circulars and orders issued by the Government of India
and the State Government as well as the local administration
from to time in the matter of maintaining social distancing,
physical distancing, hygiene, etc., to avoid proliferation of Novel
Corona virus (COVID-19);
(iii) the concerned jail authorities are directed that before
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Revision No.717/2021
(Deva and 04 Others Vs. State of M. P.)
releasing the applicants, the medical examination of the
applicants be conducted through the jail doctor and if it is prima-
facie found that they are having any symptoms of COVID-19,
then the consequential follow up action or any further test
required be undertaken immediately. If not, the applicants shall
be released on bail in terms of the conditions imposed in this
order.
In the event of violation of any of the terms and conditions of the
order by the applicants, the prosecution is at liberty to seek
cancellation of the bail granted to the applicants.
Learned Public Prosecutor is directed to send an e-copy of this
order to the Court concerned for necessary compliance.
Accordingly, the IA stands disposed of to the extent applicants
No.2, 4 and 5 are concerned.
E-certified copy as per rules.
(ROHIT ARYA)
JUDGE
Tej
Digitally signed
by TEJPRAKASH
VYAS
Date: 2021.07.07
17:42:41 -07'00'
