Munendra @Munindra vs The State Of Madhya Pradesh
2021 Latest Caselaw 806 MP

                                                        1                                  CRR-486-2021
                              The High Court Of Madhya Pradesh
                                         CRR-486-2021
                              (MUNENDRA @MUNINDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                      2
                      Jabalpur, Dated : 17-03-2021
                            S hri Siddharth Datt with Shri R.P. Singh, learned counsel for the
                      applicants/accused.
                            Shri    Yadvendra     Dwivedi,    learned    Panel     Lawyer     for   the
                      respondent/State.

Heard on admission.

Record of the courts below is available.

The revision petition is admitted for final hearing. Also heard on I.A.No. 2829/2021 filed by the applicants/accused under section 397 (1) of Cr.P.C. for suspension of their jail sentence awarded by the Second Additional Sessions Judge Deosar, District Singrauli in criminal appeal no. 500011/2016 vide its judgment dated 13/02/2021 affirming the conviction under Sections 457 and 380 of IPC and sentencing them to undergo RI for 2 years and fine amount of of Rs. 3000/-, and RI for 2 years and fine of Rs. 3000/- each respectively with default stipulation.

Learned counsel for the applicants submitted that the applicants are in custody since 13/02/2021 and regular hearing of the case will take time. Hence, looking to the nature of the offence and period of the custody, the applicants be enlarged on bail by suspending the jail sentence.

Learned Panel Lawyer appearing on behalf of the State has opposed the prayer for suspension of sentence and grant of bail.

Having heard the contentions of learned counsel for the applicants and looking to the nature of the offence as well as the period of custody incarcerated by applicants in jail, the execution of the jail sentence of the applicants shall remain suspended till further orders and they be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty

Signature Not Thousand only) each with one solvent surety each in the like amount to the SAN Verified

Digitally signed by NAVEEN NAGDEVE Date: 2021.03.18 10:55:25 IST 2 CRR-486-2021 satisfaction of the trial court for his appearance before the trial court firstly on 9/11/2021 and thereafter, on all such subsequent dates as may be fixed by the trial court subject to final order on the application.

In view of the outbreak of "Corona Virus Disease (COVID-19)", the applicants 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 each applicant by the jail doctor before his/her/their release.

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

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

4. If the applicants are not found infected with the alleged virus, the jail authority shall ensure their transportation from the jail to their 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. Certified copy as per rules.

(AKHIL KUMAR SRIVASTAVA) JUDGE

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