Madhya Pradesh High Court
Kanha vs The State Of Madhya Pradesh on 23 March, 2021
Author: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
Cr.A.No.1974/2021
(Kanha Vs. State of M.P.)
Gwalior, Dated:-23.3.2021
Heard through Video Conferencing.
Shri S.S.Rajput, learned counsel for the appellant.
Shri B.P.S. Chauhan, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Appeal seems to be arguable, therefore, admitted for final
hearing.
Heard the learned counsel for the parties.
This criminal appeal under Section 374 (2) of Cr.P.C assails
the judgment of the Trial Court dated 26.2.2021 passed by Sessions
Judge, Guna, District Guna in Sessions Trial No.196/2018, whereby
appellants have been convicted and sentenced as under:
Section Act Imprisonment Fine Default (in lieu
of fine)
325 IPC Six months R.I. Rs.500/- One month
R.I.
Heard on I.A.No.8936 of 2021, first application under
Section 389 (1) of Cr.P.C for suspension of jail sentence and grant
of bail on behalf of appellant-Kanha.
It is submitted by the counsel for the appellant that the Trial
Court has already suspended the sentence till 27.3.2021. Learned
counsel for the appellant submits that the appellant was on bail during
trial and he has not misused the said liberty of bail. The amount of
THE HIGH COURT OF MADHYA PRADESH
Cr.A.No.1974/2021
(Kanha Vs. State of M.P.)
fine has already been deposited. Learned counsel further submits that
hearing of the appeal shall take some time. He is ready to abide by all
the terms and conditions as may be imposed by this Court. Upon
these submissions, learned counsel for the appellants pray to allow the
I.A.
On the other hand, learned Public Prosecutor for the State has
opposed the application stating that looking to the nature of the
offence committed by the present appellant he is not entitled for grant
of bail and he has supported the findings given by the Trial Court and
prayed for dismissal of the application.
Considering the overall facts and circumstances of the case and
looking to custody period of the appellants as well as looking to the
present scenario of COVID-19, this Court deems it appropriate to
allow this application.
Accordingly, application for suspension of sentence is allowed.
The appellant is directed to be released by suspending his sentence on
furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty
Thousand Only) with two solvent sureties of the like amount to the
satisfaction of trial court, subject to verification of depositing the fine
amount, if any, for his appearance before Registry of this Court on
27.10.2021 and thereafter on all such other dates as may be fixed in
this regard until further orders.
THE HIGH COURT OF MADHYA PRADESH
Cr.A.No.1974/2021
(Kanha Vs. State of M.P.)
The appellant is directed to abide by all the terms and
conditions. Appellant shall install Arogya Setu App in his mobile
immediately and would intimate his place of residence to the SHO of
concerned Police Station; where he resides. Appellant further submit
the undertaking to the effect that he will abide by the terms and
conditions of different circulars, orders as well as guidelines 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 the COVID-19, jail authorities are directed that
before releasing the appellant, medical examination 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/Certified copy as per rules/directions.
Application (I.A.No.8936/2021) stands disposed of.
(Vishal Mishra)
Judge
Pawar*
ASHISH PAWAR
2021.03.23
16:53:41
+05'30'
