Pinto Alias Rajesh Uikey vs The State Of Madhya Pradesh
2021 Latest Caselaw 3321 MP

                                                                       1                               CRA-3662-2020
                                            The High Court Of Madhya Pradesh
                                                       CRA-3662-2020
                                           (PINTO ALIAS RAJESH UIKEY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                    15
                                    Jabalpur, Dated : 15-07-2021
                                           Heard through Video Conferencing.
                                           Shri Priyank Khandelwal, learned counsel for the appellants.
                                           Shri Prakash Gupta, learned Panel Lawyer for the respondent-State.

Heard on the question of admission.

Perused the impugned judgment.

Appeal is admitted for final hearing.

Also heard on IA No. 7071/2020, which is an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants.

Appellants have been convicted under Sections 354 and 456 of the Indian Penal Code and sentenced to undergo one year rigorous imprisonment with fine of Rs. 1000/- on each count with default stipulations.

Learned counsel for the appellants submits that appellants were granted bail by the court below but the period of bail expired during the surge of

Covid-19 and, therefore, they have been arrested by the Police.

Learned counsel for the respondent-State has opposed the application for suspension of sentence.

Considering the fact that the conviction is only for a period of one year and this appeal would take time to be heard finally, I.A. No.7071/2020 is allowed.

It is directed that remaining jail sentence of appellants shall remain suspended and they shall be released on bail on their furnishing a personal bond each in the sum of Rs.50,000/- with a surety bond each of like amount to the satisfaction of trial court concerned for their appearance before the registry of this Court on 21.12.2021 and on such other dates as may be fixed Signature Not Verified SAN by the registry in this regard.

Digitally signed by SATYA SAI RAO Date: 2021.07.16 11:46:44 IST 2 CRA-3662-2020 The jail authority is also directed to ensure that before their release, the appellants are examined by the jail doctor to ascertain that they are not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the appellants shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of

the opinion that the appellants can be released, then they shall be released.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

rao

Signature Not Verified SAN

Digitally signed by SATYA SAI RAO Date: 2021.07.16 11:46:44 IST