Sheru vs The State Of Madhya Pradesh
2021 Latest Caselaw 2769 MP

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          The High Court Of Madhya Pradesh
                    CRA-2690-2021
                    (SHERU Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:-28/06/2021
      Heard through Video Conferencing.

      Shri Rajeev Shrivastava, learned counsel for the appellant.

      Smt.      Abha   Mishra,    learned     Public   Prosecutor    for   the

respondent/State.

I.A.No.12103/2021, an application for urgent hearing is taken

up, considered and allowed for the reasons mentioned therein.

Heard on I.A.No.12104/2021 under Section 389(1) of Cr.P.C.

filed by appellant- Sheru for suspension of sentence and grant of bail.

Vide judgment dated 06/03/2021 passed by First Additional

Sessions Judge, District Ashoknagar (M.P.) in Session Case

No.21/2018 the appellant has been convicted and sentenced as under:

Section             Sentence           Fine                  In        default
                                                             stipulation
458 of I.P.C.       5 years            Rs.1000/-             One month
394 of I.P.C.       10 years           Rs.2000/-             Two months
323 of I.P.C.       6 months              -                  -
506 of I.P.C.       One year           -                     -
120-B of I.P.C.     10 years           Rs.2000/-             Two months

It is submitted by learned counsel for the appellant that the

Court below has wrongly convicted the appellant without appreciating

the evidence and materials available on record. The appellant is on

bail and he has not misused the liberty granted to him and the fine

amount has already been deposited. Learned counsel for the appellant

The High Court Of Madhya Pradesh CRA-2690-2021 (SHERU Vs THE STATE OF MADHYA PRADESH)

further submits that hearing of this appeal shall take considerably long

time. Under these circumstances, he prayed to suspend the jail

sentence of the appellant and grant bail.

On the other hand, learned Public Prosecutor for the State

opposed the prayer and prayed for dismissal of the application for

suspension of sentence.

Heard learned counsel for the parties at length.

In view of the aforesaid and considering the facts and

circumstances of the present case, without commenting upon the

merits of the case, it would be appropriate to accept the application of

the appellant.

Consequently, I.A.No.12104/2021 is hereby allowed.

If the appellant furnishes a bail bond in the sum of Rs.75,000/-

(Rupees Seventy Five thousand Only) along with one surety bond of

the like amount to the satisfaction of the trial Court and undertakes

that he will appear before the Registry of this Court on 02.08.2021

and on subsequent dates given by the office for his appearance till the

disposal of the present appeal, then the appellant shall be released on

bail and execution of jail sentence is suspended till the disposal of this

appeal.

Appellant would intimate his place of residence to the SHO of

concerned Police Station, where he resides. Appellant shall further

The High Court Of Madhya Pradesh CRA-2690-2021 (SHERU Vs THE STATE OF MADHYA PRADESH)

submit an undertaking to the effect that he will abide by the terms and

conditions of different circulars, orders as well as guideline issued by

Central Government, State Government as well as Local

Administration for maintaining social distancing, hygiene etc to avoid

Novel Corona Virus (COVID -19) pandemic.

In view of COVID -19, jail Authorities are directed that before

releasing the appellant, preliminary medical examination of appellant

shall be undertaken by the jail doctor and on prima facie, if it is found

that he is having the symptoms of COVID-19, then consequential

follow up action including the isolation/quarantine or any test if

required, be ensured, otherwise appellant shall be released

immediately on bail and shall be given a pass or permit for movement

to reach his place of residence.

E-copy of this order be provided to the appellant's counsel and

the same be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.

(Rajeev Kumar Shrivastava) Judge Monika

MONIKA SHARMA 2021.06.29 15:48:07 +05'30'