Citation : 2021 Latest Caselaw 720 MP
Judgement Date : 15 March, 2021
1 CRA-1634-2021
The High Court Of Madhya Pradesh
CRA-1634-2021
(HARISHANKAR PAL Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 15-03-2021
Shri Manoj Kumar Mishra, learned counsel for the appellant.
Shri Yaduvendra Dwivedi, learned PL for the respondent/State.
Heard on the question of admission. Admit. Also heard on I.A. No.3954/2021, an application for suspension of sentence and grant of bail to the appellant.
T h e appellant has been convicted for offence punishable under Sections 459 and 325 of IPC and sentenced to undergo R.I. for 03 years with fine of Rs.2,000/- and R.I. for 02 years with fine of Rs.1,000/- respectively with default to the stipulated period mentioned in the impugned judgment.
Learned counsel for the appellant submits that the appellant has been falsely implicated in the case. He is ready to cooperate in the trial of the case. Under such circumstances, prayer is made to suspend the jail sentence of the appellant and his release on bail.
Learned Panel Lawyer has opposed the prayer made by the learned
counsel for the appellant.
Having heard learned counsel for the parties and having perused the judgment of the trial Court, I consider it a fit case for suspension of sentence and grant of bail to the appellant. The application (I.A. No.3954/2021) is, therefore, allowed and it is directed that the sentence of imprisonment, imposed upon the appellant, shall remain suspended during the pendency of this appeal and appellant Harishankar Pal shall be released on bail on his depositing the amount of fine and furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of trial court for his appearance before the trial court firstly on 19.07.2021 and thereafter on such subsequent dates as may
Signature Not be fixed by the trial court subject to final order on the application. SAN Verified
Digitally signed by KAFEEL AHMED ANSARI Date: 2021.03.16 12:38:54 IST 2 CRA-1634-2021 The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Suo Moto Writ Petition(C) No. 1/2020 and ensure, that the Applicants are examined by the jail doctor before their release. If applicants show symptoms of COVID 19, the doctor shall forthwith direct them to be produced before the appropriate hospital
designated for the detection and treatment of COVID 19 patients. If the doctor is of the opinion that the Applicants are not affected with the virus, the jail authorities shall ensure their transportation from the jail till his place of residence.
C.C. as per rules.
Let record of the court below be called for.
(AKHIL KUMAR SRIVASTAVA) JUDGE
kafeel
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