Kishan vs The State Of Madhya Pradesh
2021 Latest Caselaw 445 MP

                                                                       1                               CRR-558-2021
                                            The High Court Of Madhya Pradesh
                                                       CRR-558-2021
                                                         (KISHAN Vs THE STATE OF MADHYA PRADESH)

                                    1
                                    Indore, Dated : 03-03-2021
                                          Shri Yashpal Rathor, learned counsel for the petitioner.
                                          Shri Palash Choudhary, learned Panel for the respondent/State.

Let the record of Courts below be requisitioned. Heard on I.A. No.3399/2021, an application under Section 397 (1) of Cr.P.C. for suspension of sentence and grant of bail.

T he petitioner has been convicted under section 304-A of IPC and sentenced to suffer RI of six months with fine of Rs.1000/- with default stipulation respectively by the trial Court vide judgment dated 17.03.2020 passed in Criminal Case No.2528/2017. The appellate Court maintained the conviction but modified the sentence from one year rigorous imprisonment to six month vide judgment dated 15.02.2021 passed in Cr.A. No.34/2020.

Learned counsel for the petitioner submits that the petitioner is innocent and he has not committed the crime as alleged. The petitioner is in jail. It is submitted that learned Courts below have not properly appreciated the

evidence, and committed error. During Covid-19 pandemic the regular criminal revisions are not being taken up for consideration on merits. 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. 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 lakh only) with one solvent surety each in the like amount to the satisfaction of the trial Court subject to deposit of the fine amount. The Signature Not Verified SAN petitioner is directed to appear before the Registry of this Court on

Digitally signed by Vibha Pachori Date: 2021.03.03 17:09:12 IST 2 CRR-558-2021 03.06.2021 and on other dates as may be fixed in this behalf with following further conditions.

(i) 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);

(ii) 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 including the isolation/quarantine 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 and shall also be given pass or permit for movement to reach their place of residence;

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 petitioners.

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

Vibha

Signature Not Verified SAN

Digitally signed by Vibha Pachori Date: 2021.03.03 17:09:12 IST