Madhya Pradesh High Court
Ramcharan Ji vs State Of M.P. on 17 June, 2021
Author: Rohit Arya
1 CRA-183-2008
The High Court Of Madhya Pradesh
CRA-183-2008
(RAMCHARAN JI Vs STATE OF M.P.)
17
Indore, Dated : 17-06-2021
Shri Apporva Joshi, learned counsel for the appellant.
Shri Rajwardhan Gawade, learned Panel lawyer for the respondent-State.
Heard through Video Conferencing.
This is a case of bail jump.
Heard on I.A..No.2266/2021, an application under section 389(1) Cr.P.C.,
seeking suspension of sentence and grant of bail, on behalf of the appellant.
The appellant has been convicted under section 452 of IPC and sentenced to
undergo 02 years RI with fine of Rs. 200/- and under Section 326 of IPC and
sentenced to undergo 04 month RI with fine of Rs.500/- with default stipulation
respectively vide judgment dated 29/01/2008 passed in Sessions Trial No.66/2007
by Additional Sessions Judge, Rajgarh Biobra.
Learned counsel for the appellant submits that appellant is innocent and he
has been falsely roped in the offence. Earlier on 29/05/2008, this Court had granted
bail to the appellant. Thereafter, appellant was regularly appearing before the registry
as and when directed but on 11/04/2017, appellant failed to appear for the reason that
he went to out of town for labour work. Thereafter, on 18/06/2019, perpetual
warrant was issued against the appellant and in compliance to the same, appellant was
arrested on 22/02/2020 and since then he is in custody. Appellant has suffered 01
year 03 months and 26 days incarceration out of total 02 years. Due to the Covid-19
pandemic, final disposal of the appeal shall take time. On these grounds, learned
counsel prays that execution of the jail sentence of the appellant may be suspended
and he be enlarged on bail.
Learned State counsel opposed the bail application and prayed for its
rejection.
Considering the facts and circumstances of the case and submission of
learned counsel for the parties but, without expressing any opinion on merits of the
case, this Court is of the view that the application deserves to be allowed.
Consequently, I.A., is hereby allowed and it is directed that execution of jail
sentence of the appellant shall remain suspended during pendency of this appeal and
2 CRA-183-2008
he shall be enlarged on bail subject to furnishing personal bond in the sum of
Rs.50,000/- (Rupees fifty thousand only) with one solvent surety in the like
amount to the satisfaction of the learned Trial Court and also subject to deposit of
the fine amount (if not already deposited) for appearance before the Registry of this
Court on 11/08/2021 and on further dates as may be directed by the Registry in that
regard with following further conditions:
(i) the appellant will 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 time to time in the matter of maintaining social distancing,
physical distancing, hygiene, etc, to avoid proliferation of Novel Corona
virus(COVID-1);
( i i ) the concerned jail authorities are directed that before releasing the
appellant, the medical examination of the appellants 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.
Learned State counsel is directed to send e-copy of this order to all the
concerned including the concerned Station House Officer of the Police Station for
information and necessary action.
I.A. stands closed.
E-certified copy as per rules.
(ROHIT ARYA)
JUDGE
vc
Digitally signed by VARSHA CHATURVEDI
VARSHA
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH GWALIOR, ou=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, postalCode=474011,
st=Madhya Pradesh,
CHATURVEDI
2.5.4.20=df59fbf0f5c7485addc8affe3edf20e67d11d
7f91045d81139f6792fbd4ae91f, cn=VARSHA
CHATURVEDI
Date: 2021.06.18 11:15:50 +05'30'
