Madhya Pradesh High Court
Rajesh Vishwakarma vs The State Of Madhya Pradesh on 22 July, 2021
Author: Sanjay Dwivedi
1 CRA-4031-2021
The High Court Of Madhya Pradesh
CRA-4031-2021
(RAJESH VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 22-07-2021
Heard through Video Conferencing.
Shri Manoj Chaturvedi, counsel for the appellant.
Shri S.K. Malviya, Panel Lawyer for the respondent-State.
Heard on IA No. 12434/2021, which is an application for ignoring the
default.
Considering the reasons assigned in the application, IA No.
12434/2021 is allowed.
The default pointed out by the Registry is ignored.
Heard on the question of admission.
Perused the record.
Appeal appears to be arguable, hence, it is admitted for final hearing.
Also heard on IA No. 12433/2021, which is first application on behalf
of appellant for suspension of sentence and grant of bail.
Appellant has been convicted under Sections 420, 467, 468 and 471 all
read with Section 120B of the Indian Penal Code and sentenced to under go
rigorous imprisonment for five years each with fine of Rs. 25,000/- each with
default stipulation.
Learned counsel for the appellant submits that the appellant is in jail
from the date of impugned judgment i.e. 12.03.2021. He submits that
appellant was on bail during trial. Other co-accused have already been
enlarged on bail. He further submits that considering the aforesaid and the
fact that final hearing of appeal will take a long time, the remaining jail
sentence of appellant may be suspended and he may be enlarged on bail.
Learned counsel for the respondent-State has opposed the application
for suspension of sentence and grant of bail.
Signature Not Verified
SAN
Considering the arguments advanced by the learned counsel for the
Digitally signed by RAGHVENDRA
SHARAN SHUKLA
Date: 2021.07.23 11:05:16 IST
2 CRA-4031-2021
appellant and also the fact that the jail sentence of other co-accused persons
has already been suspended by this Court, IA No. 12433/2021 is allowed. It
is directed that remaining jail sentence of appellant shall remain suspended
subject to his depositing the amount of fine, if not already deposited, and on
his furnishing a personal bond in the some of Rs.50,000/- with a surety bond
of like amount to the satisfaction of trial court for his appearance before
Registry of this Court on 29.11.2021 and on such other dates as may be fixed
by the Registry in this regard.
The jail authority is also directed to ensure that the appellant is
examined by the jail doctor to ascertain that he is not afflicted with the
COVID-19 virus. If the doctor suspects otherwise, the appellant 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 appellant can be released, then he shall be released.
Certified Copy as per rules.
(SANJAY DWIVEDI)
JUDGE
RAGHVENDRA
Signature Not Verified
SAN
Digitally signed by RAGHVENDRA
SHARAN SHUKLA
Date: 2021.07.23 11:05:16 IST
