Shivam @ Shubham Jat vs The State Of Madhya Pradesh
2021 Latest Caselaw 805 MP

                                                         1                             CRA-5046-2020
                              The High Court Of Madhya Pradesh
                                         CRA-5046-2020
                              (SHIVAM @ SHUBHAM JAT Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      5
                      Jabalpur, Dated : 17-03-2021
                            Shri Vikas Sharma, learned counsel for the appellant.
                            Shri Y. Dwivdi, learned P.L. for the respondent/State.

I.a. No. 14835/2020 for condonation of delay is allowed for the reasons mentioned therein. Delay in filing the appeal is condoned.

Further heard on the question of admission.

Admit.

Learned Panel Lawyer, accepts notice on behalf of the State. Record of the trial Court is available.

Also heard on I.A. No.10722/2020, an application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted for offence punishable under Sections 354 IPC and 3(2)(va) of the SC/ST Act, 506 of the I.P.C., 3(2)(va) of the SC/ST Act and 3(1)(w) (i) SC/ST Act and was sentenced to R.I. for one year with fine of Rs. 500/- in default one month R.I. on each count.

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 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 Shivam @ Shubham Jat 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) with one surety in the like amount to the satisfaction of C.J.M. Narsinghpur for his appearance before the Registry of this Court on 09.11.2021 and on such other dates as may be fixed by the office during the pendency of this appeal.

Signature Not In view of the outbreak of "Corona Virus Disease (COVID-19)", the SAN Verified

Digitally signed by MANVENDRA SINGH PARIHAR Date: 2021.03.17 17:01:44 IST 2 CRA-5046-2020 appellant shall also comply with the rules and norms of social distancing.

Further, in view of the order passed by the Hon'ble Supreme court in suo motu W.P.No.1/2020, it would be appropriate to issue the following directions to the Jail authorities :-

1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his/her/their release.

2. The applicant shall not be released if he is suffering from "Corona Virus Disease" and for this purpose, appropriate tests will be carried out.

3. If it is found that the applicant is suffering from "Corona Virus Disease" necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

4. If the applicant is not found infected with the alleged virus, the jail authority shall ensure his transportation from the jail to his place of residence.

The transportation shall be done in full compliance of the rules and norms of social distancing.

List the case for final hearing in due course of time. C.C. as per rules.

(AKHIL KUMAR SRIVASTAVA) JUDGE

MSP