Deenu vs The State Of Madhya Pradesh
2021 Latest Caselaw 3076 MP

Citation : 2021 Latest Caselaw 3076 MP
Judgement Date : 7 July, 2021

Madhya Pradesh High Court

Deenu vs The State Of Madhya Pradesh on 7 July, 2021

Author: Vishal Mishra

                                     1
               THE HIGH COURT OF MADHYA PRADESH
                        Cr.A. No.1806/2021
                      ( Deenu vs. State of M.P.)

Gwalior, Dated : 07.07.2021
       Heard through videoconferencing.
       Shri Madhukar Kulshrestha, counsel for the appellant.
       Shri    Ravindra    Singh    Kushwah,      Dy.   A.G.   for     the
respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, therefore, admitted for final hearing.

Record of the trial Court be called for.

This criminal appeal under Section 374 of Cr.P.C has been filed by the appellant against the judgment and conviction dated 18.2.2021, passed in S.T.No. 333/15 by learned Second Additional Session Judge, Joura, District Morena, whereby the appellant has been convicted u/S. 341 of IPC with fine of Rs.500/-, under Section 324 of IPC (two counts) and sentenced to undergo 3-3 years RI with fine of Rs.2000- 2000/- and under Section 25(1 b) (b) of Arms Act and sentenced to undergo one year R.I. with fine of Rs.1000/- each with default stipulation.

Further heard on I.A. No.20335 of 2021, which is the first application under Section 389 of Cr.P.C for suspension of jail sentence on behalf of the appellant.

It is submitted by counsel for the appellant that the appellant is in custody since the date of judgment i.e. 18.02.2021 and he remained under custody for about 6 months during trial and has never misused the liberty granted to him by the court. He is ready to abide by all the terms and conditions that may be imposed by this Court. On these grounds, the appellant prayed for suspension of jail sentence and grant of bail.

On the other hand, learned Panel Lawyer has opposed the application and prays for its dismissal.

Heard learned counsel for the parties and perused the record.

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1806/2021 ( Deenu vs. State of M.P.)

Considering the and circumstances of the case and the period of custody undergone by the appellant, this Court deems it appropriate to consider the application for grant of bail and suspension of sentence. Hence, subject to verification of deposit of fine amount, application for suspension of sentence is allowed and jail sentence of appellant shall remain suspended and he be released on bail on 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 concerning trial Court for his appearance before Registry of this court on 30.11.2021 and thereafter on all other dates as may be fixed by the office.

List in due course for final arguments.

The appellant is further 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 of appellant shall