Rajesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 951 MP

Citation : 2021 Latest Caselaw 951 MP
Judgement Date : 22 March, 2021

Madhya Pradesh High Court

Rajesh vs The State Of Madhya Pradesh on 22 March, 2021

Author: Rohit Arya

                                  1                                 CRA-1680-2021
        The High Court Of Madhya Pradesh
                   CRA-1680-2021
               (RAJESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

1
Indore, Dated : 22-03-2021
      Shri Yashpal Rathore, learned counsel for the appellants.
      Shri D.S. Parmar, learned Panel lawyer for the respondents-State.

Let the record of the Court below be requisitioned. Heard on I.A.No.5113/2021, an application for suspension of sentence and grant of bail filed on behalf of appellants No.1 to 24.

The appellants have been convicted under Section 147 IPC and sentenced to undergo three months RI with fine of Rs.500/-, under Section 148 of IPC and sentenced to undergo six months RI with fine of Rs.500/-, under Section 323/149 of IPC (four counts) and sentenced to undergo one year RI with fine of Rs.500/-, under Section 435/149 of IPC and sentenced to undergo six months RI with fine of Rs.500/- each with default stipulation, vide judgment dated 18/02/2021 passed by Special Judge, Jhabua, District Jhabua in S.T.No.170/2014.

It is submitted that learned trial Court has wrongly convicted the

appellants. The learned trial Court has not properly appreciated the evidence. The appellants were on bail during trial and they have not misused the liberty. The appellants No.1, 4, 5, 6 & 7 remained in jail from 05/05/2014 to 09/05/2014 and appellants No.2, 3, 8, 9, 10, 11, 19, 20 remained in jail from 13/02/2014 to 19/03/2014 and appellants No.14, 15, 16, 17, 18 were in jail from 09/04/2014 to 12/04/20214 and appellant No.12 was in jail from 01/03/2014 to 19/03/2014, appellant No.13 remained in jail from 15/03/2014 to 19/03/2014 and from 20/03/2015 to 23/03/2015 and appellants No.23 and 24 remained in custody from 08/01/2015 to 13/01/2015 during trial. The trial Court has already suspended their sentence for a period 30 days from the date of judgment i.e. till 18/03/2021. The disposal of appeal will take time, hence prayed for suspension of execution of jail sentence.

2 CRA-1680-2021 The prayer is opposed by the learned Panel Lawyer. Taking into consideration that the appellants have suffered jail incarceration for about one month, the disposal of appeal will take time, subject to depositing the fine amount, the application is allowed. It is directed that the jail sentence of the appellants shall remain suspended and they be

released on bail on furnishing personal bond in the sum of Rs.1,00,000/- (Rs.One Lac only) each with one solvent surety each in the like amount to the satisfaction of the trial Court. The appellants are directed to appear before the Registry of this Court on 21/06/2021 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 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 including the isolation/quarantine 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 and shall also be given pass or permit for movement to reach his place of residence;