Omprakash vs The State Of Madhya Pradesh
2021 Latest Caselaw 711 MP

Citation : 2021 Latest Caselaw 711 MP
Judgement Date : 15 March, 2021

Madhya Pradesh High Court

Omprakash vs The State Of Madhya Pradesh on 15 March, 2021

Author: Rohit Arya

1                             Cr.R.No.688/2021
                         (Omprakash Vs. State of M.P.)

Indore : Dated 15.3.2021

       Shri A.K.Saxena, learned counsel for the applicant.

       Shri Arjun Pathak, learned Panel Lawyer for the respondent/State.

Let record of the Courts below be requisitioned.

Heard on I.A.No.4510/2021; an application for grant of suspension of

sentence.

This is first application under Section 397(2) of Cr.P.C. on behalf of

applicant seeking suspension of sentence. The applicant has been convicted for

the offence punishable under Section 354 IPC and sentenced to undergo one

year RI with fine of Rs.1,000/- and under Section 451 IPC and sentenced to

undergo six months RI with fine of Rs.1,000/- with default stipulation, awarded

vide judgment dated 24.2.2021 passed by 3rd Sessions Judge, Shajapur, District

Dhar in Cr.Appeal No.50/2020.

Learned counsel for the applicant submits that learned Courts below

have wrongly convicted the applicant. The learned Courts below have not

properly appreciated the evidence. The applicant was in custody from 19.7.2017

to 21.7.2017 during trial and from the date of judgment i.e. 24.2.2021 till date.

The applicant was on bail during trial and he has not misused the liberty.

Learned counsel submits that mother of the applicant is on death bed. During

Covid-19 pandemic the regular criminal revisions are not being taken up for

consideration on merits. Therefore, prays for suspension of sentence and

enlargement of applicant on bail, on such terms and conditions this Court deems

fit and proper.

Per contra, learned Panel Lawyer opposes the prayer supporting the order

impugned.

(Omprakash Vs. State of M.P.)

Upon hearing learned counsel for the applicant, but without commenting upon merits of the rival contentions so advanced regard being had to the fact that present applicant has suffered jail incarceration for eight months and the disposal of revision will take time, the application is allowed. It is directed that the jail sentence of the applicant shall remain suspended and subject to depositing fine amount, he be released on bail on his furnishing a personal bond in the sum of Rs.2,50,000/- (Rs.Two Lacs Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court. The applicant is directed to appear before the Registry of this Court on 21.6.2021 and on other subsequent dates as may be fixed in this behalf with following further conditions. :-

(i) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or permit for movement to reach his place of residence;