Tillu @ Maneesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2288 MP

Citation : 2021 Latest Caselaw 2288 MP
Judgement Date : 11 June, 2021

Madhya Pradesh High Court

Tillu @ Maneesh vs The State Of Madhya Pradesh on 11 June, 2021

Author: Vishal Mishra

            THE HIGH COURT OF MADHYA PRADESH
                           CRA-2768-2021
             (TILLU @ MANEESH Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 11/06/2021
     Heard through video conferencing.

      Shri Vikash Saxena, learned counsel for the appellant.

      Shri B.S. Gour, learned. P.L for respondent/State.

This criminal appeal under Section 374 of Cr.P.C has been filed

by the appellant against the judgment dated 24.03.2021, passed in

S.T.No. 418 of 2016 by Ivth Additional Sessions Judge, Gwalior,

District, Gwalior whereby the appellant has been convicted u/S. 307

and 341 of IPC and sentenced to undergo 5 years' R.I. with fine of

Rs.1000/- and 100/- respectively with default stipulation.

Also, heard on I.A. No.12405/2021, first application for grant

of suspension of sentence.

It is submitted that the appellant has been convicted under

Section 307 IPC in which maximum conviction is of five years. It is

submitted that he has remained under custody about 9 months. The

fine amount has already been deposited. He has relied upon the orders

passed by the Hon'ble Supreme Court in the case of IN RE :

CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO

MOTU W.P. (C) No.1/2020 as well as order passed by the Division

Bench of the Principal seat on 17.05.2021 IN RE : CONTAGION

OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C)

No.9320/2021 regarding decongestion of prisoners. In such

circumstances, he prays for interim suspension of sentence.

THE HIGH COURT OF MADHYA PRADESH CRA-2768-2021 (TILLU @ MANEESH Vs THE STATE OF MADHYA PRADESH)

Per contra, counsel for the State has opposed the bail

application.

Taking into consideration and over all facts and circumstances

of the case and placing reliance upon the orders passed by the Hon'ble

Supreme Court as well as Division Bench of this Court regarding

decongestion of the aforesaid cases and considering the present

scenario of second phase of COVID-19, this Court deems it

appropriate to enlarge the appellant on bail on temporary basis for a

period of 90 days. Accordingly, the application (I.A. No.12405/2021)

is allowed. The appellant is directed to be released for a period of 90

days (from the date of his release) furnishing a surety bond of

Rs.50,000/- (Rs. Fifty thousand Only) with one solvent surety in the

like amount to the satisfaction of the trial Court. The appellant is

directed to surrender immediately before the trial Court after

completion of 90 days from the date of release.

The appellant is directed to abide by all the terms and

conditions. Appellant shall install Arogya Setu App in his mobile

immediately and would intimate his place of residence to the SHO of

concerned Police Station; where he resides. Appellant further submit

the undertaking to the effect that he will abide by the terms and

conditions of different circulars, orders as well as guidelines issued by

Central Government, State Government as well as Local

Administration for maintaining social distancing, hygiene etc to avoid THE HIGH COURT OF MADHYA PRADESH CRA-2768-2021 (TILLU @ MANEESH Vs THE STATE OF MADHYA PRADESH)

Novel Corona Virus (COVIC-19) pandemic.

In view of the COVID-19, jail authorities are directed that

before releasing the appellant, medical examination of appellant shall

be undertaken by the jail doctor and on prima facie, if it is found that

he is having the symptoms of COVID-19, then consequential follow

up action including the isolation/quarantine or any test if required, be

ensured, otherwise appellant shall be released immediately on bail and

shall be given a pass or permit for movement to reach his place of

residence. E- copy of this order be provided to the appellant and E-

copy of this order be sent to the trial Court concerned for compliance.

It is made clear that E-copy of this order shall be treated as

certified copy for practical purposes in respect of this order.