Remaan vs The State Of Madhya Pradesh
2021 Latest Caselaw 713 MP

1                            Cr.A.No.1593/2021
                     (Remaan and others Vs. State of M.P.)

Indore : Dated 15.3.2021

       Shri A.S.Parihar, learned counsel for the appellants.

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

Let record of the Courts below be requisitioned.

Heard on I.A.No.4835/2021; an application for grant of suspension of sentence.

The appellants have been convicted under Section 147 IPC and sentenced to undergo three months RI with fine of Rs.500/-, under Section 323/149 IPC and sentenced to undergo one year RI with fine of Rs.500/-, under Section 323/149 IPC and sentenced to undergo one year RI with fine of Rs.500/-, under Section 323/149 IPC and sentenced to undergo one year RI with fine of Rs.500/- and under Section 506 Part II IPC and sentenced to undergo six months RI with fine of Rs.500/- each with default stipulation, vide judgment dated 18.2.2021 passed by Special Judge, Jhabua, District Jhabua in S.T.No.138/2015.

It is submitted that learned trial Court has wrongly convicted the appellants. The learned trial Court has not properly appreciated the evidence. The appellants were on bail during trial and they have not misused the liberty. The appellants No.1 to 16 were in custody since 5.4.2021 to 29.4.2021 and appellants No.17 to 21 were in custody since 11.4.2021 to 29.4.2021 during trial. The trial Court has already suspended their sentence upto 18.3.2021. The disposal of appeal will take time, hence prayed for suspension of execution of jail sentence.

The prayer is opposed by the learned Panel Lawyer. Taking into consideration that the appellants have suffered jail incarceration for twenty to twenty five days, the disposal of appeal will take time, subject to depositing the fine amount, the application is allowed. It is directed that the jail sentence of the appellants shall remain suspended and they be released on bail on each of them furnishing a personal bond in the sum of Rs.1,00,000/- (Rs.One Lac only) with one solvent surety in the like amount to the satisfaction of the trial Court. The appellants are directed to appear before

(Remaan and others Vs. State of M.P.)

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 appellants, the medical examination of the appellants be conducted through the jail doctor and if it is prima facie found that they are 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 appellants 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;

(ii) violation of conditions, State is free to apply for cancellation of bail.

Accordingly, the IA stands disposed of.

Certified copy as per rules.

(Rohit Arya) Judge

Patil

Digitally signed by Shailesh Patil Date: 2021.03.16 10:04:42 +05'30'