Ram Singh Rawat vs The State Of Madhya Pradesh
2021 Latest Caselaw 632 MP

                                     1
          THE HIGH COURT OF MADHYA PRADESH
                        Cr.A. No.1007/2021
             (Ram Singh Rawat & others Vs. State of M.P.)

Gwalior, Dated:-10/03/2021
      Shri Mahesh Goyal, learned counsel for the appellants.

      Shri    Manish     Nayak,     learned    Panel   Lawyer   for     the

respondent/State.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing.

I.A. No.5027/2021, an application for urgent hearing, is taken

up, considered and allowed for the reasons mentioned therein.

Also, heard on I.A.No.5028/2021, first application under

Section 389(1) of Cr.P.C. for suspension of jail sentence on behalf of

the appellants - Ram Singh Rawat, Ashok Rawat and Diwari Lal

Dhakad.

This criminal appeal has been filed against the judgment dated

20/01/2021 passed by Special Judge (Atrocities Act), Morena, Distt.

Morena (M.P.) in SCATR No.200080/2016 by which appellants -

Ram Singh Rawat, Ashok Rawat and Diwari Lal Dhakad have

been convicted as under:-

    Section         Imprisonment              Fine         In default
 325/34 of IPC         2 years RI        Rs.1,000/-       3 months RI
 323/34 of IPC      3 months RI          Rs. 500/-        1 month RI
   3(1)(x) of          1 year RI          Rs.500/-              -
   SC/ST Act

It is submitted by learned counsel for the appellants - Ram

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1007/2021 (Ram Singh Rawat & others Vs. State of M.P.)

Singh Rawat, Ashok Rawat and Diwari Lal Dhakad that the

appellants have been wrongly convicted by the trial Court. There are

lots of contradictions and omissions in the evidence of the prosecution

witnesses. It is further submitted that fine amount has already been

deposited by the appellants. There is no possibility of final hearing of

this appeal in near future. Hence, prayed to suspend the remaining jail

sentence of the appellants. Appellants further undertake to abide by all

the terms and conditions of guidance, circulars and directions issued

by Central Government, State Government as well as Local

Administration regarding measures in respect of COVID-19

Pandemic and maintain hygiene in the vicinity while keeping physical

distancing.

Learned State counsel has vehemently opposed the application

and prayed to reject the same.

Heard learned counsel for the parties and perused the material

documents available on record.

Considering the facts and circumstances of the case, without

commenting on merits of the case, the application (I.A. No.

5028/2021) is allowed and it is hereby directed that subject to deposit

of fine amount, if not already deposited, the remaining jail sentence of

the appellants Ram Singh Rawat, Ashok Rawat and Diwari Lal

Dhakad is hereby suspended and they be released on bail on their

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1007/2021 (Ram Singh Rawat & others Vs. State of M.P.)

furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand

only) each with one solvent surety each of the like amount to the

satisfaction of the concerned Court. The appellants are further

directed to mark their appearance before the Office of this Court on

10/05/2021 and on subsequent dates given by the Office in this

regard, till final disposal of this appeal.

In view of COVID-19 pandemic, the Jail Authorities are

directed that before releasing the appellants, their Corona Virus test

shall be conducted and if it is found negative, then the concerned local

administration shall make necessary arrangements for sending the said

appellants to their house, and if the test is found positive then the

appellants shall be immediately sent to concerning hospital for their

treatment as per medical norms. If the appellants are fit for release

and if they are in a position to make their personal arrangements, then

they shall be released. After release, the appellants are further directed

to strictly follow all the instructions which may be issued by the

Central Govt./State Govt. or Local Administration for combating the

Covid-19. If it is found that the appellants have violated any of the

instructions (whether general or specific) issued by the Central

Govt./State Govt. or Local Administration, then this order shall

automatically lose its effect, and the Local Administration/Police

Authorities shall immediately take them in custody and would send

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1007/2021 (Ram Singh Rawat & others Vs. State of M.P.)

them to the same jail from where they were released.

The appellants are further directed to inform the SHO of

concerned police station about their residential address in the said area

and it would be the duty of the Public Prosecutor to send E-copy of

this order to SHO of concerned police station for information.

List the case for final hearing in due course.

E- copy of this order be sent to the Court below concerned for

compliance.

Certified copy/ e-copy as per rules/directions.

(Rajeev Kumar Shrivastava) Judge Shubhankar* SHUBHANKAR MISHRA 2021.03.10 17:28:30 +05'30'