Master Vishwakarma vs The State Of Madhya Pradesh
2021 Latest Caselaw 3322 MP

                                     1                             CRR-1406-2021
           The High Court Of Madhya Pradesh
                      CRR-1406-2021
               (MASTER VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)

2
Jabalpur, Dated : 15-07-2021
        Heard through Video Conferencing.
        Mr. Rahul Deshmukh, Advocate for the applicant.
        Mr. S.K. Malvi, Panel Lawyer for the respondent/State.

Heard on the question of admission.

Perused the impugned judgment.

Revision appears to be arguable, therefore, it is admitted for final hearing.

Also heard on I.A. No.11061/2021, which is an application for suspension of sentence and grant of bail to the applicant.

This revision is against the judgment dated 19.03.2021 passed in Cr.A. No.180/2018 by 22nd Additional Sessions Judge, Jabalpur whereby the order passed by the trial Court on 02.06.2018 has been affirmed convicting the applicant for the offence punishable under Section 509 of the Indian Penal Code and sentenced thereunder to suffer S.I. for six months with a fine of

Rs.500/- with default stipulation.

Learned counsel for the applicant submits that the applicant is in jail since last more than one month. He further submits that the applicant is ready to abide by the conditions imposed by the Court, if bail is granted to him. He further submits that the final hearing of the revision will take a long time and if the applicant remains in jail, the purpose of filing this revision would be frustrated.

On the other hand, learned Panel Lawyer has opposed the prayer of bail.

Considering the arguments advanced by learned counsel for the parties, I am inclined to consider and allow the application. Accordingly, I.A. No.11061/2021 is allowed.

2 CRR-1406-2021 It is directed that on applicant's depositing the entire fine amount, if not deposited, his remaining jail sentence shall remain suspended and he shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a surety bond of like amount to the satisfaction of trial Court concerned for his appearance before

the registry of this Court on 21.12.2021 and on such other dates as may be fixed by it in this regard.

The jail authority is also directed to ensure that before his release, the applicant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicant 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 applicant can be released, then he shall be released.

List in due course.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

Devashish

DEVASHISH MISHRA 2021.07.16 10:21:37 +05'30'