Madhya Pradesh High Court
Nirbhayasingh vs The State Of Madhya Pradesh on 21 June, 2021
Author: Rohit Arya
1 CRR-409-2021
The High Court Of Madhya Pradesh
CRR-409-2021
(NIRBHAYASINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
4
Indore, Dated : 21-06-2021
Shri Akash Rathi, learned counsel for the applicants.
Shri Manish Gupta, learned Panel Lawyer for the respondent / State.
Heard through Video Conferencing.
Heard on I.A. No.13348/2021, 2nd repeat application under Section
397 of Cr.P.C. for suspension of sentence and for grant of bail on behalf of
the applicant No.4 â€" Nathusingh.
The applicant no.4 has been convicted under section 326/34 of the IPC
and sentenced to suffer 03 years R.I. with fine of Rs.2,000/- with default
stipulation by the trial Court vide judgment dated 04/03/2020 passed in
Criminal Appeal No.9638903/2016 by Additional Sessions Judge, Indore.
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
04/03/2020. 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 Panel Lawyer opposes the bail application supporting the
order impugned.
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 no. - 4 shall remain suspended and he
be released on bail on his furnishing personal bond in the sum of
Rs.1,50,000/- (Rs. One Lakh Fifty Thousand Only) with one solvent surety
Signature Not Verified
SAN
in the like amount to the satisfaction of the trial Court subject to deposit of
Digitally signed by VIBHA PACHORI
Date: 2021.06.22 17:26:18 IST
2 CRR-409-2021
the fine amount. The applicant is directed to appear before the Registry of
this Court on 10/08/2021 and on other 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 applicants 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 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
Vibha
Signature Not Verified
SAN
Digitally signed by VIBHA PACHORI
Date: 2021.06.22 17:26:18 IST
