Kinna @ Krisna Rawat vs The State Of Madhya Pradesh
2021 Latest Caselaw 2393 MP

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          THE HIGH COURT OF MADHYA PRADESH,
                        BENCH AT GWALIOR
                            CRR-1003-2021
              (Kinna @ Krishna Rawat Vs. State of M.P.)

Gwalior, Dated : 15/06/2021

      Shri R.P. Gupta, learned counsel for the applicant.

      Shri P.P.S. Bajeeta, learned Public Prosecutor for the

respondent/State.

IA No.9998/2021, an application for urgent hearing, is taken up,

considered and allowed for the reasons mentioned therein.

IA No.10045/2021, an application under Section 5 of limitation

Act, stands rejected.

Heard on the question of admission.

The revision appears to be arguable, therefore, it is admitted.

Let record of the trial Court be called for.

Also heard on I.A. No.9999/2021, an application for

suspension of jail sentence filed on behalf of the sole applicant-

Kinna @ Krishna Rawat.

This revision is directed against the impugned judgment of

conviction dated 29/01/2020 passed by 1 st Additional Sessions Judge,

Datia, District- Datia (M.P.) in Criminal Appeal No.23/2018, whereby

conviction of the applicant for the offence punishable under Section

354 of IPC, as recorded by Judicial Magistrate First Class, Datia,

District- Datia (M.P.) vide judgment dated 11/10/2017 in Criminal

Case No.58/2011, and consequent sentence of one year RI, was

THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRR-1003-2021 (Kinna @ Krishna Rawat Vs. State of M.P.)

affirmed.

Learned counsel for the applicant submits that the applicant is

in jail who has been falsely implicated in the case and he was on bail

during trial as well as at the appellate stage and he did not misuse the

liberty of bail granted to him. It is further submitted that in view of

outbreak of COVID-19, detention of the applicant in already

congested prison may be detrimental. There are fair chances of success

of this revision and the applicant cannot be kept in custody for an

unlimited period. Looking to the sentence of the applicant, if

execution of jail sentence of the applicant is not suspended then this

revision will turn infructuous because it cannot be decided within one

year in future. Under these circumstances, the applicant prays that

execution of sentence be suspended and he be released on bail.

On the other hand, learned counsel appearing on behalf of the

State opposed the bail application and prayed for its rejection.

Keeping in view the aforesaid submissions of learned counsel

for the parties and the facts and circumstances of the case, I.A. No.

9999/2021 is allowed.

Thus, the execution of jail sentence of the applicant is hereby

suspended subject to deposit of fine amount (if not already deposited)

and he be released on bail on furnishing a personal bond in the sum of

THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRR-1003-2021 (Kinna @ Krishna Rawat Vs. State of M.P.)

Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety

of the like amount to the satisfaction of trial Court for his appearance

before the Registry of this Court on 14/09/2021 and on subsequent

dates as may be fixed by the office from time to time till final

adjudication of this revision. The applicant shall also furnish a written

undertaking that he will abide by all the terms and conditions of

various circulars, as well as, orders issued by the Central Government,

State Government and local administration from time to time such as

maintaining social distancing, physical distancing, hygiene etc. to

avoid proliferation of Corona virus.

List the case for final hearing in due course.

Certified copy as per rules.

(S.A. Dharmadhikari) Judge

rahul

RAHUL SINGH PARIHAR 2021.06.16 11:06:54 +05'00'