Madhya Pradesh High Court
Pawan vs The State Of Madhya Pradesh on 17 June, 2021
Author: Rohit Arya
1 CRR-352-2016
The High Court Of Madhya Pradesh
CRR-352-2016
(PAWAN Vs THE STATE OF MADHYA PRADESH)
17
Indore, Dated : 17-06-2021
Shri Ravi Sagre, learned counsel for the petitioner.
Shri Rajwardhan Gawade, learned Panel lawyer for the respondent-
State.
Heard through Video Conferencing.
Further heard on I.A. No.14074/2021, an application under Section 389 (1)
of Cr.P.C. for suspension of sentence and grant of bail on behalf of petitioner.
The petitioner has been convicted under Section under section 327 of IPC and
sentenced to undergo 01 year 04 month rigorous imprisonment with fine of
Rs.1,000/- and under Section 427 of IPC and sentenced to undergo 04 months
rigorous imprisonment with fine of Rs.1,000/- with default stipulation respectively
vide judgment dated 01/10/2013 passed in Criminal Case No.627/2008 by the Chief
Judicial Magistrate First Class, Javad, District-Neemuch. The appellate Court
maintained the conviction and sentence vide judgment dated 13th June, 2014 passed
i n Criminal Appeal No.175/2013 passed by Second Additional Sessions Judge,
Neemuch.
Learned counsel for the petitioner submits that the petitioner is innocent and
has been falsely roped in the offence. Petitioner has suffered jail incarceration for
07 months 20 days (i.e. from 01/02/2016 to 21/03/2016 and 16/12/2020 till today).
During trial, petitioner remained on bail and did not misuse the bail granted to him.
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 petitioner on bail, on such terms and conditions this Court deems fit
and proper.
Learned Panel lawyer opposes the bail application.
Upon hearing learned counsel for the parties, in the obtaining facts and
circumstances of the case that due to Covid-19 pandemic, hearing of revision will
take time and petitioner suffered jail incarceration for about 07 month and 20 days,
the application is allowed. It is directed that the jail sentence of the petitioner shall
remain suspended and he be released on bail on his furnishing personal bond in the
2 CRR-352-2016
sum of Rs.1,00,000/- (Rs. One Lac only) with one solvent surety in the like amount
to the satisfaction of the trial Court subject to deposit of the fine amount. The
petitioner is directed to appear before the Registry of this Court on 13/08/2021 and
on other dates as may be fixed in this behalf with following further conditions.
( i ) the petitioner 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);
( i i ) the concerned jail authorities are directed that before
releasing the petitioner, the medical examination of the petitioner 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
petitioner 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
petitioner, the prosecution is at liberty to seek cancellation of the bail granted to the
petitioner.
Learned Panel lawyer 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
vc
VARSHA Digitally signed by VARSHA CHATURVEDI
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH COURT
CHATURVE
OF MADHYA PRADESH BENCH GWALIOR,
postalCode=474011, st=Madhya Pradesh,
2.5.4.20=df59fbf0f5c7485addc8affe3edf20e6
7d11d7f91045d81139f6792fbd4ae91f,
DI
cn=VARSHA CHATURVEDI
Date: 2021.06.18 11:15:16 +05'30'
