Prakash vs The State Of Madhya Pradesh
2021 Latest Caselaw 2211 MP

   The High Court of Madhya Pradesh : Bench at Indore
                    CRR. No.927/2021
                (Prakash Vs. State of M.P.)

Indore: 09.06.2021
      Heard through video conferencing.
      Shri Apoorv Joshi, learned counsel for the applicant.
      Shri Rajwardhan Gawde, learned Panel Lawyer for the
non-applicant/State.

      Heard on I.A.No.6419/2021; an application on behalf of
applicant seeking suspension of sentence of 1 year RI with fine
of Rs.25,000/- with default stipulation for the offence punishable
under Section 34(2) of M.P. Excise Act awarded vide judgment
dated 24/02/2021, passed by Additional Sessions Judge,
Indore, District - Indore(M.P.) in Cr.Appeal No.158/2017.

      Learned counsel for the applicant submits that the
learned Courts below have not properly appreciated the
evidence and committed error in convicting the applicant. The
applicant was on bail during trial and he has not misused the
liberty. 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 Panel Lawyer opposes the application for
suspension of sentence.
      Upon hearing learned counsel for the applicant, but
without commenting upon merits of the rival contentions so
advanced regard being had to the fact that present applicant is
in custody during trial from 18/03/2011 to 18/06/2011 and from
the date of judgment i.e., 23/01/2017 and the disposal of
revision will take time, the application is allowed. It is directed
that the jail sentence of the applicant shall remain suspended
and he be released on bail on his depositing the fine amount
           The High Court of Madhya Pradesh : Bench at Indore

                              CRR. No.927/2021
                          (Prakash Vs. State of M.P.)

     and on furnishing a personal bond in the sum of Rs.50,000/-
     (Rs.Fifty Thousand only) with one 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
     14.12.2021 and on other subsequent dates as may be fixed in
     this behalf with following further conditions. :-
              (i) 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 including 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;
              (ii) violation of conditions, State is free to apply
              for cancellation of bail.

            Learned Panel Lawyer is directed to send an e-copy of
     this order to the Court concerned for necessary compliance.
            Accordingly, the IA stands disposed of.
            E-Certified copy as per rules.




                                                          (Rohit Arya)
                                                            Judge




     pn


PREETHA NAIR
2021.06.10

10:44:40 +05'30'