Bharatsingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 911 MP

Citation : 2021 Latest Caselaw 911 MP
Judgement Date : 19 March, 2021

Madhya Pradesh High Court

Bharatsingh vs The State Of Madhya Pradesh on 19 March, 2021

Author: Rohit Arya

1                                Cr.R.No.164/2021
              (Bharat Singh and another Vs. State of M.P.and another)

Indore : Dated 19.3.2021

       Shri Vivek Singh, learned counsel for the applicants.

       Shri     Pourush     Ranka,     learned    Panel     Lawyer      for   the

respondent/State.

Heard on I.A.No.697/2021; an application for grant of suspension of

sentence.

This is first application under Section 397 of Cr.P.C. on behalf of

applicants seeking suspension of sentence. The applicants have been convicted

for the offence punishable under Section 323/34 IPC and sentenced to undergo

six months RI with fine of Rs.1,000/- and under Section 325/34 IPC and

sentenced to undergo two years RI with fine of Rs.3,000/- with default

stipulation, awarded vide judgment dated 12.1.2021 passed by 1 st Addl.Sessions

Judge, Narsinghgarh, District Rajgarh in Cr.Appeal No.554/2017.

Learned counsel for the applicants submits that learned Courts below

have wrongly convicted the applicants. The learned Courts below have not

properly appreciated the evidence. The applicants were in custody from the date

of judgment i.e. 12.1.2021 till date. The applicants were on bail during trial and

they have not misused the liberty. During Covid-19 pandemic the regular

criminal revisions are not being taken up for consideration on merits. Therefore,

prays for suspension of sentence and enlargement of applicants on bail, on such

terms and conditions this Court deems fit and proper.

Per contra, learned Panel Lawyer opposes the prayer supporting the order

impugned.

Upon hearing learned counsel for the applicant, but without commenting upon merits of the rival contentions so advanced regard being had to the fact

(Bharat Singh and another Vs. State of M.P.and another)

that present applicants have suffered jail incarceration since 12.1.2021 and the disposal of revision will take time, the application is allowed. It is directed that the jail sentence of the applicants shall remain suspended and subject to depositing fine amount, 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 applicants are directed to appear before 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 applicants, the medical examination of the applicants 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 applicants 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 their place of residence;