Rupa Dhanak vs State Of Mp
2021 Latest Caselaw 3250 MP

            HIGH COURT OF MADHYA PRADESH,
                   BENCH AT GWALIOR
                     Cr.R. No. 1469/2021
      (     Rupa Dhanak & others Vs The State of M.P. )
                                  (1)

Heard through video conferencing.
Gwalior, dated : 13/07/2021
      Shri V.B. Sharma, learned counsel for the petitioners.

          Shri P.P.S. Bajeeta, learned Public Prosecutor for the

respondent-State.

IA No. 19216/2021, an application for urgent hearing, is

allowed.

The revision is admitted for final hearing.

Record of the Trial Court be called for.

Heard on I.A. No 19217/2021, an application for suspension

of sentence and grant of bail to the applicant.

This criminal revision has been preferred against the

judgment dated 23/06/2021 passed by 1st Additional Sessions Judge,

Ganjbasoda Link Court Kurwari District Vidisha (M.P.) in Cr.

Appeal No. 12/2019, arising out of the judgment dated 06/09/2019

passed by Judicial Magistrate First Class, Kurwari District Vidisha

(M.P.) in Criminal Case No.140/2013, whereby, the petitioners have

been convicted under Section 325/34 of the IPC and sentenced to

undergo one-one year RI with fine of RS. 500/- 500/-.

Learned counsel for the petitioners submits that the

petitioner were on bail during trial and appeal and has never

misused the liberty so granted. It is submitted that if released on

bail, there is no possibility of their absconsion. Petitioners cannot be

kept in custody for an unlimited period. In view of COVID-19,

outbreak detention of petitioners in already congested prisons may HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.R. No. 1469/2021 ( Rupa Dhanak & others Vs The State of M.P. )

be detrimental. An early hearing of this criminal revision is not

possible.

Learned Public Prosecutor opposed the aforesaid IA.

Keeping in view the aforesaid prayer of learned counsel for

the petitioners and the facts & circumstances of the case so also in

view of second wave of COVID-19 pandemic and with a need to

decongest the jail, which are the potential hot spots for spread of

infection, this Court is inclined to extend the benefit of bail to the

petitioners. I.A. No.19217/2021 is allowed.

It is, therefore, directed that if petitioners Rupa Dhanak,

Jitendra Dhanak, Kallu Dhanak and Anil Dhanak deposit the

entire fine amount, if not already deposited, and furnish a personal

bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) each

with one local solvent surety in the like amount to the satisfaction of

trial Court for their appearance before the Registry of this Court on

20th September, 2021 and on such subsequent dates as may be fixed

in this regard, sentences of imprisonment awarded to them shall

remain suspended till further orders and they shall be released on

bail.

The petitioners shall also furnish a written undertaking that

they will abide by the terms and conditions of various circulars, as

well as, orders issued by the Central Government, State Government

and local administration from time to time such as maintaining

social distancing, physical distancing, hygiene etc. to avoid HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.R. No. 1469/2021 ( Rupa Dhanak & others Vs The State of M.P. )

proliferation of Corona virus.

A copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

(S.A.Dharmadhikari) Judge Prachi*

PRACHI MISHRA 2021.07.13 22:00:35 +05'30'