Madhya Pradesh High Court
Ramautar vs Omprakash on 24 March, 2021
Author: Rajeev Kumar Shrivastava
1 CRA.1689/21
HIGH COURT OF MADHYA PRADESH
CRA.1689/2021
(Ramautar Vs. Om Prakash & Ors.)
Gwalior, Dated:24.03.2021
Shri Arshad Ali, learned counsel for the appellant.
Shri B.M.Shrivastava, learned Public Prosecutor for the
respondent/State.
Appeal is admitted for final hearing.
Record of the Court below be called, if not already called.
I.A. No. 7810/21, an application for urgent hearing is taken up,
considered and allowed for the reasons mentioned therein.
Also heard on I.A. No.9902/2021, an application for
amendment.
For the reasons mentioned in the application, the same is
allowed.
Let necessary amendment be incorporated during the course of
the day.
Also heard on I.A.No.7809/2021, an application under Section
389 of Cr.P.C. filed by appellant-Ramautar, for suspension of sentence
and grant of bail.
Vide judgment dated 25.02.2021 passed by learned Additional
Sessions Judge, Ambah, District Morena (M.P.) in
S.T.No.100145/2014 the appellant has been convicted and sentenced as
under:
Section Sentence Fine In default
stipulation
2 CRA.1689/21
471of IPC 3 years RI Rs.2000/- 3 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 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 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. 7809/2021 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 26.04.2021 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.
3 CRA.1689/21
Appellant would intimate his place of residence to the SHO of
concerned Police Station, where he resides. Appellant shall further
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)
vv Judge
SMT VALSALA
VASUDEVAN
2021.03.24
17:01:33
+05'30'
