Dhirendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 3295 MP

                                                                       1                             CRA-3970-2021
                                           The High Court Of Madhya Pradesh
                                                      CRA-3970-2021
                                                 (DHIRENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                   1
                                   Indore, Dated : 14-07-2021
                                          Heard through Video Conferencing.
                                          Shri A.K.Sharma, learned counsel for the appellants.
                                          Shri Neeraj Gaur, learned Panel Lawyer for the respondent/State.

Heard on I.A.No.17606/2021, an application for suspension of sentence filed on behalf of the appellants.

The appellants have been convicted under Section 420,467,468,471 read with Section 34 of IPC and sentenced to undergo three years RI each with fine of Rs.2,000/- with default stipulation, vide judgment dated 30.06.2021 passed by Additional Sessions Judge Susner, District Shajapur in S.T.No.274/2018.

Learned counsel for the appellants submits that appellants are innocent and they have been falsely roped in the offence. Due to the Covid-19 pandemic, final disposal of the appeal shall take time. On these grounds, learned counsel prays that execution of jail sentence of the appellants

may be suspended and they be enlarged on bail.

Learned Panel Lawyer opposes the bail application and prays for its rejection.

Considering the facts and circumstances of the case and submission of learned counsel for the parties but, without expressing any opinion on merits of the case, I am of the view that the application deserves to be allowed.

Consequently, I.A. No.17606/2021, is hereby allowed and it is directed that execution of jail sentence of the appellants shall remain suspended during pendency of this appeal and they be enlarged on bail subject to their furnishing personal bond in the sum of Rs.50,000/- (Rupees Signature Not Verified SAN fifty thousand only) each with one solvent surety each in the like amount

Digitally signed by REENA JOSEPH Date: 2021.07.14 18:47:51 IST 2 CRA-3970-2021 to the satisfaction of the trial Court. The appellants are directed to appear before the Registry of this Court on 08.11.2021 and on other subsequent dates as may be fixed in this behalf with following further conditions:-

(i) the appellants will 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 time to

time in the matter of maintaining social distancing, physical distancing, hygiene, etc, to avoid proliferation of Novel Corona virus(COVID-1);

(i) the concerned jail authorities are directed that before releasing the appellants, the medical examination of the appellants 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 or any further test required be undertaken immediately.

Learned Panel Lawyer is directed to send e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.

Let the record of Courts below be requisitioned Accordingly, the IA stands disposed of.

(ROHIT ARYA) JUDGE

RJ

Signature Not Verified SAN

Digitally signed by REENA JOSEPH Date: 2021.07.14 18:47:51 IST