Rinku @ Mahesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 705 MP

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               The High Court Of Madhya Pradesh
                         CRR-343-2021
                (RINKU @ MAHESH Vs THE STATE OF MADHYA PRADESH)




Gwalior, Dated :15.03.2021

      Shri Rishikesh Bohre, learned counsel for the petitioner.

      Shri Rohit Shrivastava, learned Panel Lawyer for the State.

      Heard learned counsel for the parties.

      Heard on I.A. No.7090/2021, second application under Section

397(1) of Cr.P.C. for suspension of jail sentence on behalf of the

petitioner. First application I.A.No.4526/2021 was rejected on

26.02.2021.

      This criminal appeal under Section 397 and 401 of Cr.P.C.

assails the judgment dated 05.02.2021 passed by the Additional

Sessions Judge Chachoda, District Guna, passed in CRA No.23/2017

whereby the appeal filed by the petitioner has been dismissed in

connection with conviction and sentence under Section 354 IPC

awarded vide judgment dated 11.08.2016 passed by                  the Judicial

Magistrate, First Class, Chachoda, District Guna whereby petitioner

has been convicted under Sections 354 of IPC              and sentenced to

undergo R.I. for one year alongwith fine of Rs. 500/- with default

stipulation.

      Learned counsel for the petitioner submits that the fine amount

has already been deposited. He is in custody from 05.02.2021 and the

trial Court has wrongly mentioned that he has been convicted under

Section 354-D of IPC whereas he is acquitted under Section 354-D of
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            The High Court Of Madhya Pradesh
                      CRR-343-2021
                (RINKU @ MAHESH Vs THE STATE OF MADHYA PRADESH)




IPC and he has only convicted under Section 354 of IPC for one year.

Therefore,the jail sentence be suspended and he be released on bail by

way of suspension of sentence.

      Learned Panel Lawyer, for the respondent/State opposed the

prayer and prayed for rejection of this application.

Heard learned counsel for the parties at length.

Considering the facts and circumstances of the case and looking

to the custody period, the application is allowed I.A.No.7090/2021

filed on behalf of the aforesaid petitioner is hereby allowed and it is

directed that the jail sentence of the aforesaid petitioner will remain

under suspension on verification of the fact that whether the fine

amount has been deposited or not, on the petitioner's furnishing a

personal bail bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one

solvent surety to the satisfaction of the concerned trial Court, for

appearance of the aforesaid petitioner before the Principal Registrar of

this Registry on 30th September, 2021, and thereafter, subsequent

dates as may be fixed by the Registry from time to time till disposal of

the revision.

Counsel for the petitioner undertakes to finally argue the matter

after four weeks. Considering the statement made by the counsel, list

the matter for final arguments in the week commencing 26 th April,

2021. He is at liberty to submit written synopsis if required.

The High Court Of Madhya Pradesh CRR-343-2021 (RINKU @ MAHESH Vs THE STATE OF MADHYA PRADESH)

Petitioner shall install Arogya Setu App in his mobile

immediately and would intimate his place of residence to the SHO of

concerned Police Station; where he resides. Petitioner further submit

the undertaking to the effect that he will abide by the terms and

conditions of different circulars, orders as well as guidelines issued by

Central Government, State Government as well as Local

Administration for maintaining social distancing, hygiene etc to avoid

Novel Corona Virus (COVIC-19) pandemic. In view of the COVID-19,

jail authorities are directed that before releasing the petitioner, medical

examination of petitioner shall be undertaken by the jail doctor and on

prima facie, if it is found that he is having the symptoms of COVID-19,

then consequential follow up action including the isolation/quarantine

or any test if required, be ensured, otherwise petitioner shall be

released immediately on bail and shall be given a pass or permit for

movement to reach his place of residence.

Copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

                                                    (Vishal Mishra)
mani                                                     Judge


 SUBASRI MANI
 2021.03.15
 18:09:49
 -07'00'