Madhya Pradesh High Court
Nitin vs The State Of Madhya Pradesh on 12 March, 2021
Author: Rajendra Kumar Srivastava
1 CRR-189-2021
The High Court Of Madhya Pradesh
CRR-189-2021
(NITIN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
4
Jabalpur, Dated : 12-03-2021
Shri Surendra Patel, Advocate for the applicants.
Shri Nishant Yadav, P.L. for the respondent-State.
Record of the Courts below is received.
Heard on admission.
Revision is admitted for hearing.
Learned counsel for the applicants wants to withdraw this
application filed on behalf of applicant no. 1 Nitin. Accordingly, I.A. no.
1151/2021 filed on behalf of applicant no. 1 Nitin is hereby dismissed
as withdrawn.
Heard on I.A.No. 1151/2021, an application for suspension of
sentence and grant of bail filed on behalf of the applicant no. 2-Bapu
and applicant no. 3-Rinku.
The revision has been preferred by the applicants against the
judgment dated 20.01.2021 passed by Sessions Judge Seoni, in Criminal
Appeal No. 51/2019, whereby the learned appellate Court has dismissed
the appeal and affirmed the judgment of conviction dated 10.07.2019,
passed in Criminal Case No.3699/2012 by CJM, Seoni (MP).
Applicants stand convicted for the offence punishable under Sections
323/34 & 325/34 of IPC and have been sentenced to undergo R.I. three-
three years each and two-two years each with fine of Rs.100/- each with
default stipulation.
Prosecution case, in short, is that on 07.10.2012 complainant
Ashok Sen was constructed the house. At that time Nitin, Rinku and Bapu
came and objected, thereafter, Nitin inflicted injuries by pipe to Ashok
Signature
SAN
Verified
Not Sen on his head. Rajkumar tried to save him, then Rinku inflicted injuries
Digitally signed by
ARVIND KUMAR
MISHRA
Date: 2021.03.12
17:47:25 IST
2 CRR-189-2021
to him by stick, he received various injuries, applicant-accused Bapu
pushed him and abused filthy language. Ashok Sen received grievous
injuries.
Learned counsel for the applicants submits that applicants has been
falsely implicated in this case. Applicants-accused Bapu aged 67 years,
Rinku is 29 years of age. They are agriculturist. They have no previous
criminal record. There is possibility to get benefit under Probation of
Offenders Act. There is fair chances to succeed in the case. This revision
is of year 2020 and final disposal of this revision will take time. Under
the circumstances, if the sentence of the applicants is not suspended, his
right to file revision will be futile. Hence, prayer is made for suspension
of his jail sentence and grant of bail.
Learned P.L. has opposed the application and prayed for its
rejection.
Having considered the arguments advanced by learned counsel for
the parties, on perusal of the record, the accused/applicants are in jail
since 20.01.2021, they are agriculturists, this revision is of year 2021,
final hearing of this revision will take time, but without commenting
anything on the merit of the case, the said I.A. is allowed.
It is ordered that subject to payment of fine amount, if not already
deposited, the execution of jail sentence of the applicants/ accused-
Bapu & Rinku shall remain suspended during the pendency of this
revision and they be released on bail on their furnishing a personal bond
for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) each with one
solvent surety in the like amount each to the satisfaction of the trial Court
for their appearance before the trial court on 12.05.2021 and thereafter
on all other such subsequent dates, as may be fixed by the trial court in
this regard.
Signature Not
SAN
Verified In view of the outbreak of 'Corona Virus disease (COVID-19)' the
Digitally signed by
ARVIND KUMAR
MISHRA
Date: 2021.03.12
17:47:25 IST
3 CRR-189-2021
applicants shall also comply with the rules and norms of social
distancing. Further, in view of the order passed by the Hon'ble Supreme
Court in suo moto W.P.No.1/2020, it would be appropriate to issue the
following direction to the jail authority :-
1. The Jail Authority shall ensure the medical examination of the
applicants by the jail doctor before their release.
2 The applicants shall not be released if they are suffering from
'Corona Virus disease'. For this purpose appropriate tests will be carried
out.
3 .If it is found that the applicants are suffering from 'Corona Virus
disease', necessary steps will be taken by the concerned authority by
placing them in appropriate quarantine facility.
List this matter for final hearing in due course.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
MISHRA
Signature
SAN Not
Verified
Digitally signed by
ARVIND KUMAR
MISHRA
Date: 2021.03.12
17:47:25 IST
