Mukesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3253 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                      Criminal Revision No.1549/2021
                       (Mukesh Mandloi Vs. State of M. P.)
                                      -1-

Indore, dated 13/07/2021

         Heard through Video Conferencing.

         Shri Akash Rathi, learned counsel for the applicant.

         Shri Romil Malpani, learned Panel Lawyer for the respondent /

State.

Heard on I.A.No.17829/2021, which is an application under

Section 397 of Cr.P.C. for suspension of sentence and for grant of bail on

behalf of the applicant - Mukesh Mandloi.

The applicant has been convicted under section 34(2) of the M.P.

Excise Act and has been sentenced to under go 01 year RI with fine of

Rs.25,000/- with default stipulation vide judgment dated 28/06/2021

passed in Criminal Appeal No.03/2021 by Sessions Judge, Alirajpur.

Learned counsel for the applicant submits that the applicant is

innocent and he has not committed the crime as alleged. The applicant is

languishing in jail and has undergone 09 months out of total 01 year jail

custody. 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 long time and the applicant has already HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Criminal Revision No.1549/2021 (Mukesh Mandloi Vs. State of M. P.)

suffered jail incarceration of 09 months out of total 01 year sentence, the

application is allowed. It is directed that the jail sentence of the applicant

shall remain suspended and he be released on bail on furnishing

personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with

separate solvent surety in the like amount to the satisfaction of the trial

Court. The applicant is directed to appear before the Registry of this

Court on 31/08/2021 and on other subsequent dates as may be fixed in

this behalf with following further conditions:-

(i) the applicant 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);

(ii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima-facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant 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 applicant, the prosecution is at liberty to seek cancellation of

the bail granted to the applicant.

Learned Public Prosecutor is directed to send an e-copy of this

order to the Court concerned for necessary compliance.

Office to requisition the record of the Courts below.

Accordingly, the IA stands disposed of.

(ROHIT ARYA) JUDGE Tej Digitally signed by TEJPRAKASH VYAS Date: 2021.07.13 18:38:19 -07'00'