Madhya Pradesh High Court
Pradeep Chandravanshi vs The State Of Madhya Pradesh on 25 March, 2021
Author: Rohit Arya
1 CRR-901-2021
The High Court Of Madhya Pradesh
CRR-901-2021
(PRADEEP CHANDRAVANSHI Vs THE STATE OF MADHYA PRADESH)
1
Indore, Dated : 25-03-2021
Shri Vivek Singh, learned counsel for the petitioner.
Ms. Somya Maru, learned Panel lawyer for the respondent-State.
Let the record of Courts below be requisitioned.
Heard on I.A. No.6174/2021, an application under Section 397 of
Cr.P.C. for suspension of sentence and grant of bail.
T h e petitioner has been convicted under section 332 of IPC and
sentenced to undergo 01 year imprisonment with fine of Rs.500/- with default
stipulation vide judgment dated 08/01/2016 passed in Criminal Case
No.1860/2011. The appellate Court maintained the conviction vide judgment
dated 16/03/2021 passed in Cr.A. No.200042/2016 (Cr.A. No.250/2016).
Learned counsel for the petitioner submits that the petitioner is innocent
and he has not committed the crime as alleged. Petitioner is in jail since
16/03/2021. It is submitted that the Courts below have not properly
appreciated the evidence, and committed error. During Covid-19 pandemic,
final hearing of criminal revisions on merits are not taking place. Therefore,
prays for suspension of sentence and enlargement of petitioner on bail, on
such terms and conditions this Court deems fit and proper.
Learned Panel Lawyer opposes the bail application.
At this stage, on instructions learned counsel for the petitioner submits
that petitioner has done introspection and volunteers to deposit an amount of
Rs.25,000/- (Rupees Twenty Five Thousand only) in the account of Zila
Balsanrakshan Samiti, Distt. Shajapur [State Bank of India Account
No. 31855914681 IFSC Code SBIN0030067] for to be utilized for
providing clothing, food and other essential amenities required for the old age
people living in old age homes, vidhwas living in vidhwa aashrams and
orphans living in orphanages including physically challenged persons etc., in
2 CRR-901-2021
the district under the surveillance of Collector Distt. Shajapur. The aforesaid
deposit of amount shall not influence the pending trial but is only, for
enlargement of the petitioner on bail.
This Court appreciates the gesture shown by learned counsel for the
petitioner.
Taking into consideration 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 petitioner shall remain suspended and he be released
on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rs.
One lac only) with one solvent surety in the like amount to the satisfaction of
the trial Court subject to deposit of the fine amount. The petitioner is directed
to appear before the Registry of this Court on 16/06/2021 and on other dates
as may be fixed in this behalf with following further conditions:-
(i) the petitioner shall prepare a demand draft of
Rs.25,000/- (Rupees Twenty Five Thousand only)
in the account of Zila Balsanrakshan Samiti, Distt.
Shajapur [State Bank of India Account No.
31855914681 IFSC Code SBIN0030067] for the
purpose of providing basic amenities, clothing,
food/food items and other essential amenities required
for old age people living in old age homes, vidhwas
living in vidhwa ashrams or orphans living in orphanage
in the city of Shajapur in dire need of such
amenities/facilities and the amount so deposited shall
have no bearing or relevance on the pending trial to the
prejudice of the petitioner.
(ii) (a) the petitioner shall submit the original
demand draft alongwith copy of the order passed
today through his counsel before the Principal
Registrar of this Bench, for keeping the same in his
3 CRR-901-2021
safe custody.
(ii) (b) as and when directed, the Principal
Registrar shall seek instructions/directions through
PUD from this Court for handing over the demand
draft to the concerned authority in that behalf.
(ii)(c) the Registry is directed to accept the
original demand draft without mentioning the
account number therein. However, ensure that the
same is in relation to the present case.
(iii) the said authority is at its discretion to
utilize the amount so deposited as and where it is
required upon verification. The Collector, Shajapur
is also directed to maintain a separate account (for
production of the record as and when directed for).
(iv) the petitioner 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);
(v) the concerned jail authorities are directed that
before releasing the petitioner, the medical examination
of the petitioner 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 petitioner shall be released on
bail in terms of the conditions imposed in this order ;
(vi) in future, if the petitioner is found to be
4 CRR-901-2021
involved in such nature of cases or any other similar
criminal cases or misuse the bail granted by this Court,
this bail order shall stand cancelled automatically.
In the event of violation of any of the terms and conditions of the order
by the petitioner, the prosecution is at liberty to seek cancellation of the bail
granted to the petitioner.
Learned Panel Lawyer is directed to send an e-copy of this order to the
Court concerned for necessary compliance.
Registry is directed to send an e-copy of this order to the the Court
concerned for necessary compliance.
Accordingly, the IA stands disposed of.
(ROHIT ARYA)
JUDGE
vc
VARSHA Digitally signed by VARSHA CHATURVEDI
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
CHATURVE GWALIOR, postalCode=474011, st=Madhya
Pradesh,
2.5.4.20=df59fbf0f5c7485addc8affe3edf20e
DI
67d11d7f91045d81139f6792fbd4ae91f,
cn=VARSHA CHATURVEDI
Date: 2021.03.26 12:06:53 +05'30'
