Ramkumar Maravi vs The State Of Madhya Pradesh
2021 Latest Caselaw 2345 MP

                                   1                               CRA-2471-2021
        The High Court Of Madhya Pradesh
                   CRA-2471-2021
           (RAMKUMAR MARAVI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

2
Jabalpur, Dated : 14-06-2021
       Heard through Video Conferencing.
       Mr. Paritosh Trivedi, Advocate for the appellants.
       Mr. Shahrukh Riyaz, Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Heard on I.A. No.5885/2021 an application for suspension of sentence and grant of bail to the appellants.

Vide impugned judgment dated 13.03.2021 passed in Sessions Trial No.82/2018, each of the appellants have been convicted for the offence punishable under Section 307/34 of the Indian Penal Code and sentenced thereunder to suffer R.I. for five years with fine of Rs.1,000/-, with default stipulation.

Learned counsel for the appellants submits that the appellants are in jail since 13.03.2020. He submits that as per the prosecution the injuries caused

by the appellants by use of fist. He also submits that the appellants were on bail during trial. He further submits that the appellants are ready to abide by the conditions imposed upon them by this Court. Therefore, he submits that considering the appellants' custody period, they may be enlarged on bail On the other hand, learned Panel Lawyer has opposed the prayer made by learned counsel for the appellants.

Considering the fact that the appeal would take time to be heard finally and also the fact that the appellants have already suffered more than one year of their sentence, therefore, I am of the opinion that the sentence awarded to t h e appellants can be suspended and they can be enlarged on bail. Accordingly I.A. No.5885/2021 is allowed.

It is directed that on appellants' depositing the entire fine amount, if not 2 CRA-2471-2021 deposited, as also furnishing a personal bond 'each' in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety 'each' of the like amount to the satisfaction of the trial Court for their 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 appellants shall remain suspended and they shall be released on bail, if not

required to be detained in any other case.

T he jail authority is also directed to ensure that the appellants are examined by the jail doctor to ascertain that they are not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the appellants 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 appellants can be released, then they shall be released.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

Devashish

Digitally signed by DEVASHISH MISHRA Date: 2021.06.15 10:38:50 +05'30'