Santosh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2447 MP

  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                       Criminal Revision No.1319/2021
                          (Santosh Vs. State of M. P.)
                                     -1-

Indore, dated 16/06/2021

         Heard through Video Conferencing.

         Shri Deepak Kumar Rawal, learned counsel for the applicant.

         Shri Romil Malpani, learned Panel Lawyer for the respondent /

State.

Heard on I.A.No.11417/2021, which is an application under Section

397(1) of Cr.P.C. for suspension of sentence and for grant of bail on

behalf of the applicant - Santosh.

The applicant has been convicted under section 325 of the IPC and

has been sentenced to under go 01 year simple imprisonment with fine of

Rs.500/- with default stipulation vide judgment dated 20/02/2020 passed

in Criminal Appeal No.000659/2019 by Additional Sessions Judge,

Dewas.

Learned counsel for the applicant submits that the applicant is

innocent and he has not committed the crime as alleged. The applicant is

in jail since 20/02/2021 and has undergone almost 04 months out of total

01 year jail custody. It is submitted that learned Courts below have not

properly appreciated the evidence, and committed error. During Covid-19

pandemic the regular criminal revisions are not being taken up for

consideration on merits. Therefore, prays for suspension of sentence and

enlargement of applicant on bail, on such terms and conditions this Court

deems fit and proper.

Learned Public Prosecutor opposes the application for suspension

of sentence.

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Criminal Revision No.1319/2021 (Santosh Vs. State of M. P.)

Taking into consideration the facts and circumstances of the case

and the fact that revision will take time, the application is allowed. It is

directed that the jail sentence of the applicant shall remain suspended and

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

Rs.1,00,000/- (Rs. One Lakh Only) with separate solvent surety in the

like amount to the satisfaction of the trial Court. The applicant is directed

to appear before the Registry of this Court on 09/08/2021 and on other

subsequent dates as may be fixed in this behalf with following further

conditions. :-

(i) the applicant shall abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(ii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima-facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order.

In the event of violation of any of the terms and conditions of the

order by the applicant, the prosecution is at liberty to seek cancellation of

the bail granted to the applicant.

Learned Public Prosecutor is directed to send an e-copy of this

order to the Court concerned for necessary compliance.

Accordingly, the IA stands disposed of.

(ROHIT ARYA) JUDGE Tej

Digitally signed by TEJPRAKASH VYAS Date: 2021.06.16 18:08:35 -07'00'