Madhya Pradesh High Court
Pramod Singh vs The State Of Madhya Pradesh on 11 June, 2021
Author: Sanjay Dwivedi
1 CRA-2029-2021
The High Court Of Madhya Pradesh
CRA-2029-2021
(PRAMOD SINGH Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 11-06-2021
Heard through Video Conferencing.
Shri Ajay Shukla, learned counsel for the appellant.
Shri Gaurav Tiwari, learned Panel Lawyer for the
respondent/State.
Heard on the question of admission.
Appeal seems to be arguable, therefore, admitted for final
hearing.
Heard on I.A. No.4875/2021, which is the application for
suspension of sentence and grant of bail to the appellant.
The appellant has been convicted for the offence punishable
under Section 420 r/w 120-B of the Indian Penal Code and sentenced
thereunder to suffer R.I. for 5 years with a fine of Rs.25,000/- with
default stipulation, under Section 467 r/w 120-B of the Indian Penal
Code and sentenced thereunder to suffer R.I. for 5 years with a fine of
Rs.25,000/- with default stipulation, under Section 468 r/w 120-B of
the Indian Penal Code and sentenced thereunder to suffer R.I. for 5
years with a fine of Rs.25,000/- with default stipulation and under
Section 471 r/w 120-B of the Indian Penal Code and sentenced
thereunder to suffer R.I. for 5 years with a fine of Rs.25,000/- with
default stipulation. All the sentences are directed to run concurrently.
Learned counsel for the appellant submits that during the trial
he remained in jail for more than 3 months and presently he is in jail
since the date of judgment i.e 12/03/2021.
Signature Not Verified
SAN
On the other hand, Panel Lawyer has opposed the application.
Digitally signed by SMT SUSHMA
KUSHWAHA
Date: 2021.06.14 13:10:35 IST
2 CRA-2029-2021
Considering the aforesaid and the fact that at present there is a
surge of COVID-19 and the appeal would take long time to be heard
finally, without commenting anything on merits, I am inclined to
consider and allow the application, therefore, I.A. No.4875/2021 is
allowed.
I t is directed that on appellant's depositing the entire fine
amount (if not 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 29.11.2021 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.
The jail authority is also directed to ensure that 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.
Accordingly, I.A. No.4875/2021 stands allowed and disposed
of.
Certified copy as per rules.
(SANJAY DWIVEDI)
JUDGE
Sushma
Signature Not Verified
SAN
Digitally signed by SMT SUSHMA
KUSHWAHA
Date: 2021.06.14 13:10:35 IST
