Madhya Pradesh High Court
Arvind @ Mule vs The State Of Madhya Pradesh on 8 March, 2021
Author: Sanjay Dwivedi
1 CRA-1494-2019
The High Court Of Madhya Pradesh
CRA-1494-2019
(ARVIND @ MULE AND OTHERS Vs THE STATE OF MADHYA PRADESH)
31
Jabalpur, Dated : 08-03-2021
Mr. Vikas Jyotishi, learned counsel for appellant No.1.
Mr. Sandesh Dixit, learned counsel for appellant No.3.
Mr. Anvesh Shrivastava, learned P.L. for the respondent/ State.
The appellants No.1 and 3 have moved an I.A.No.1338/2021 for
suspension of sentence.
Learned counsel for the appellants submits that the instant appeal has
already been admitted for final hearing and vide order dated 15.01.2021, the
other co-accused namely Mukesh Prajapati has been granted bail and the
sentence awarded to him has been suspended. He submits that during the
trial, the present appellants were on bail and from the date of impugned
judgment i.e. 31.01.2019, they are in jail. He further submits that the other co-
accused namely Mukesh Prajapati is also facing similar allegations as has been
alleged against the present appellants.
Shri Anvesh Shrivastava, learned Panel Lawyer, on the other hand,
opposed the bail application and submits that considering the nature of
offence and the material produced against them, which has been considered
by the Court below, the present application is liable to be dismissed.
Learned counsel for the appellants submit that they have not deposited
the fine amount and assured this Court that the same shall be deposited at the
time of furnishing bail bond.
Considering the arguments advanced by the parties and to maintain
parity, I.A.No.1338/2021 is allowed subject to condition that the appellants
No.1 and 3 shall be released on bail only after depositing the entire fine
amount as they have not earlier deposited the same as also furnishing
Signature Not
personal bonds in the sum of Rs.50,000/- (Rupees Fifty Thousand) each
SAN
Verified
Digitally signed by
VIKRAM SINGH
Date: 2021.03.09
14:07:10 IST
2 CRA-1494-2019
with one solvent surety of the like amount to the satisfaction of the trial Court
for their appearance before the Registry of this Court on 10.05.2021 and on
all such subsequent dates as may be fixed in this regard, sentence of
imprisonment awarded to the appellants shall remain suspended and they shall
be released on bail, if not required to be detained in any other case.
The jail authority is also directed to ensure that the appellants are
examined by the jail doctor to ascertain that they are not afflicted with the
COVID-19 virus. If the doctor suspects otherwise, the appellants shall be
referred to the appropriate hospital for further management as per the
protocol laid down by the State.
In the event the jail doctor is of the opinion that the appellants can be
released, then they shall be released.
Accordingly, I.A. No. 1338/2021 stands allowed and disposed of.
Certified copy as per rules.
Let a copy of this order be forwarded to the concerned trial Court
through e-mail.
(SANJAY DWIVEDI)
JUDGE
Vikram
Signature
SAN Not
Verified
Digitally signed by
VIKRAM SINGH
Date: 2021.03.09
14:07:10 IST
