Sanju @ Sanjay vs The State Of Madhya Pradesh
2021 Latest Caselaw 1002 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                    Criminal Appeal No.1565/2021
                    (Sanju @ Sanjay Vs. State of M. P.)
                                   -1-

Indore, dated 23/03/2021

      Parties through their counsel.

      Let record of the Court below be requisitioned.

      Heard on I.A.No.4675/2021; an application for grant of

suspension of sentence.

      The appellant has been convicted under Section 363 of the IPC

and has been sentenced to undergo 03 years RI with fine of

Rs.5,000/- with default stipulation, vide judgment dated 26/02/2021

passed by 1st Additional Session Judge, Rajgarh (Biaora) in

S.T.No.420/2016.

      It is submitted that learned trial Court has wrongly convicted the

appellant. The learned trial Court has not properly appreciated the

evidence. The appellant was on bail during trial and he has not

misused the liberty. The appellant was in custody since 21/10/2016 to

27/10/2016

during trial. The trial Court has already suspended his

sentence upto 26/03/2021. The disposal of appeal will take time,

hence prayed for suspension of execution of jail sentence.

The prayer is opposed by the learned Government Advocate.

Taking into consideration that the appellant has suffered jail

incarceration for seven days, the disposal of appeal will take time,

subject to depositing the fine amount, the application is allowed. It is

directed that the jail sentence of the appellant shall remain suspended

and he be released on bail on furnishing a personal bond in the sum of HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Criminal Appeal No.1565/2021 (Sanju @ Sanjay Vs. State of M. P.)

Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the

like amount to the satisfaction of the trial Court. The appellant is

directed to appear before the Registry of this Court on 21/06/2021 and

on other subsequent dates as may be fixed in this behalf with following

further conditions. :-

(I) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant 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 including the isolation/quarantine or any further test required be undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or permit for movement to reach his place of residence;

(ii) violation of conditions, State is free to apply for cancellation of bail. Accordingly, the IA stands disposed of. Certified copy as per rules.

(ROHIT ARYA) JUDGE Tej

Digitally signed by Tej Prakash Vyas Date: 2021.03.23 17:24:35 +05'30'