Prahlad Singh Sisodiya vs The State Of Madhya Pradesh
2021 Latest Caselaw 710 MP

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          THE HIGH COURT OF MADHYA PRADESH,
                       BENCH AT GWALIOR
                            CRR-735-2021
             (Prahlad Singh Sisodiya Vs. State of M.P.)

Gwalior, Dated : 15/03/2021

      Shri Anurag Sharma, learned counsel for the applicant.

      Shri Purushottam Tanwar, learned Panel Lawyer for the

respondent/State.

Heard on the question of admission.

The revision appears to be arguable, therefore, it is admitted.

Let record of the trial Court be called for.

Also heard on I.A. No.7401/2021, an application under Section

397(1) of Cr.P.C. for suspension of jail sentence and grant of bail filed

on behalf of the sole applicant- Prahlad Sisodiya.

This revision is directed against the impugned judgment of

conviction dated 01/03/2021 passed by 1 st Additional Sessions Judge,

Gohad, District- Bhind (M.P.) in Criminal Appeal No.10/2017,

whereby conviction of the applicant for the offence punishable under

Section 325 of IPC, as recorded by Judicial Magistrate First Class,

Gohad, District- Bhind (M.P.) vide judgment dated 19/12/2016 in

Criminal Case No.1371/2015, and consequent sentence of one year RI

with fine of Rs.500/-, was affirmed.

Learned counsel for the applicant submits that the applicant is

in jail who has been falsely implicated in the case and he was on bail

during trial as well as at the appellate stage and he did not misuse the

THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRR-735-2021 (Prahlad Singh Sisodiya Vs. State of M.P.)

liberty of bail granted to him. It is also submitted by the learned

counsel for the applicant that the fine amount has already been

deposited by him. It is further submitted that in view of outbreak of

COVID 19, detention of the applicant in already congested prison may

be detrimental. There are fair chances of success of this revision and

the applicant cannot be kept in custody for an unlimited period.

Looking to the sentence of the applicant, if execution of jail sentence

of the applicant is not suspended then this revision will turn

infructuous because it cannot be decided within one year in future.

Under these circumstances, the applicant prays that execution of

sentence be suspended and he be released on bail.

On the other hand, learned counsel appearing on behalf of the

State opposed the bail application and prayed for its rejection.

Keeping in view the aforesaid submissions of learned counsel

for the parties and the facts and circumstances of the case, I.A. No.

7401/2021 is allowed.

Thus, the execution of jail sentence of the applicant is hereby

suspended subject to deposit of fine amount (if not already deposited)

and he be released on bail on furnishing a personal bond in the sum of

Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety

of the like amount to the satisfaction of trial Court for his appearance

THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRR-735-2021 (Prahlad Singh Sisodiya Vs. State of M.P.)

before the Registry of this Court on 14/06/2021 and on subsequent

dates as may be fixed by the office from time to time till final

adjudication of this revision. The applicant shall also furnish a written

undertaking that he will abide by all the terms and conditions of

various circulars, as well as, orders issued by the Central Government,

State Government and local administration from time to time such as

maintaining social distancing, physical distancing, hygiene etc. to

avoid proliferation of Corona virus and the applicant shall also install

Arogya Setu App. (If not already installed) in the mobile phone.

List the case for final hearing in due course.

Certified copy as per rules.

(S.A. Dharmadhikari) Judge

rahul

RAHUL SINGH PARIHAR 2021.03.16 11:43:52 +05'00'