Manoj @ Badshah vs The State Of Madhya Pradesh
2021 Latest Caselaw 859 MP

                                                                      1                               CRA-1298-2021
                                           The High Court Of Madhya Pradesh
                                                      CRA-1298-2021
                                                   (MANOJ @ BADSHAH Vs THE STATE OF MADHYA PRADESH)

                                   1
                                   Indore, Dated : 18-03-2021
                                         Shri Nilesh Dave, learned counsel for the appellant.
                                         Shri S. Karanjwala, learned for the respondent/State.

Let record of the Courts below be called for. Heard on I.A.No. 3581/2021, an application under section 389(1) Cr.P.C., for suspension of sentence and grant of bail on behalf of the

appellant.

The appellant has been convicted under Sections 363, 354 and 342 of IPC and sentenced to undergo one year RI with fine of Rs.2,000/-, 01 years R I with fine of Rs 1,500/- and three months RI with fine of Rs.500/- with default stipulation respectively, vide judgment dated 18.02.2021 passed by Additional Sessions Judge, Distt Indore in Spl Case .No.239/2015.

I t is submitted that learned trial Court has wrongly convicted the appellant. The learned trial Court has not properly appreciated the evidence. The appellant was on bail during trial and he has not misused the liberty and

the trial Court has already suspended the sentence till today i.e. 18.03.2021. The disposal of appeal will take time, hence prayed for suspension of execution of jail sentence.

The prayer is opposed by the State's counsel. Taking into consideration that the appellant was on bail and he has not misused the liberty, the disposal of appeal will take time, subject to depositing the fine amount (if not already deposited), the application is allowed. It is directed that the jail sentence of the appellant shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court. The appellant is directed to Signature Not Verified SAN appear before the Registry of this Court on 26.04.2021 and on other

Digitally signed by SEHAR HASEEN Date: 2021.03.19 10:32:12 IST 2 CRA-1298-2021 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 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 ;

(ii) violation of conditions, State is free to apply for cancellation of bail. Accordingly, the IA stands disposed of.

List in due course.

E-Certified copy as

(ROHIT ARYA) JUDGE

sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.03.19 10:32:12 IST