Madhya Pradesh High Court
Golu @ Suraj vs The State Of Madhya Pradesh on 11 June, 2021
Author: Sanjay Dwivedi
1 CRA-2877-2021
The High Court Of Madhya Pradesh
CRA-2877-2021
(GOLU @ SURAJ Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 11-06-2021
Heard through Video Conferencing.
Shri Kishore Roy, Advocate for the appellant.
Shri Manu V. John, Panel Lawyer for the respondent/State.
The Registry has raised an objection with regard to non-filing of
certified copy of the judgment dated 16.03.2021.
The learned counsel for the appellant submits that due to lock-down,
the certified copy of the judgment dated 16.03.2021 could not be obtained
and a copy of the same has been downloaded from the website.
For the present, the office objection is ignored, however, the learned
counsel for the appellant is directed to furnish certified copy of the judgment
as soon as lock-down is over.
Heard on admission.
The appeal involves arguable points, therefore, admitted for final
hearing.
Let record of the trial Court be called for.
Also heard on I.A. No.6822/2021 an application for suspension of
sentence and grant of bail on behalf of the appellant.
Vide the impugned judgment dated 16.03.2021 passed in Sessions Trial
No.48/2019, the appellant has been convicted for the offence punishable
under Section 489-C of the Indian Penal Code and sentenced to suffer R.I.
for three years with fine of Rs.5,000/-, with default stipulation.
Learned counsel for the appellant submits that the appellant is in jail
since last more than two and half months and the appeal would take sufficient
time for its conclusion, therefore, this application may be allowed.
On the other hand, learned Panel Lawyer has opposed the prayer made
Signature Not Verified
SAN
by learned counsel for the appellant
Digitally signed by SUDESH KUMAR
SHUKLA
Date: 2021.06.11 17:52:25 IST
2 CRA-2877-2021
Considering the facts and circumstances, I am of the opinion that the
sentence awarded to the appellant can be suspended and he can be enlarged
on bail. Accordingly I.A. No.6822/2021 is allowed.
It is directed that on appellant's depositing the entire fine amount, if not
already deposited, as also furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like
amount to the satisfaction of the trial Court for his appearance before the
Registry of this Court on 20.12.2021 and on all such subsequent dates as
may be fixed in this regard, sentence of imprisonment awarded to the
appellant shall remain suspended and he shall be released on bail, if not
required to be detained in any other case.
T h e 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
Sudesh
Signature Not Verified
SAN
Digitally signed by SUDESH KUMAR
SHUKLA
Date: 2021.06.11 17:52:25 IST
