Madhya Pradesh High Court
Nagpal @ Rahul vs The State Of Madhya Pradesh on 22 March, 2021
Author: Vishal Mishra
1 CRA-1843-2021
The High Court Of Madhya Pradesh
CRA-1843-2021
(NAGPAL @ RAHUL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
1
Gwalior, Dated : 22-03-2021
Shri Rajiv Jain, learned counsel, for the appellants.
Shri Prabhakar Kushwah, learned PL, for the respondent /State.
Heard on admission.
Being arguable, this appeal is admitted for final hearing.
Record of the trial court be called for.
Heard on I.A. No.8454/2021, an application under Section 389 (1) of
Cr.P.C for suspension of jail sentence on behalf of the appellants who stood
convicted by the judgment dated 9.3.2021 passed by Special Judge (SC ST)
Act Guna, in Special Sessions Trial No. 39/18 under Sections 332/34 and
294 of IPC and sentenced to undergo RI for one year with fine of Rs.1000/-
each and three months with fine of Rs.500/- each respectively with default
stipulation.
I t is submitted by counsel for the appellants that the appellants
remained in custody during trial and they have never misused the liberty
granted to them. This appeal is of the year 2021 and there is no likelihood of
this appeal being heard early. He further submits that the appellants have
already deposited the fine amount. Appellants are ready to abide with all the
conditions which may be imposed by this court while considering this bail
application. Their sentence has already been suspended by the trial court till
3.4.2021. Hence, the appellants prayed for suspension of sentence and grant
of bail.
Per contra, learned counsel for State has opposed the application and
prayed for its rejection.
Heard learned counsel for the parties and perused the judgment.
Considering the overall facts and circumstances of the case but without
commenting on the merits of the case, this Court deems it appropriate to
2 CRA-1843-2021
allow the application for grant of suspension of sentence.
Accordingly, application for suspension of sentence is allowed.
Subject to verification of deposit of fine amount as imposed by the trial
court, jail sentence of appellants shall remained suspended till final disposal
of this appeal and the appellants are directed to be released on bail on
furnishing a personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) each
with two solvent sureties to the satisfaction of trial Court, for their appearance
before Registry of this Court on 30.09.2021 and thereafter on all subsequent
dates as may be fixed by the office.
The appellants are further directed to abide by all the terms and
conditions. They shall install Arogya Setu App in his mobile immediately and
would intimate his place of residence to the SHO of concerned Police
Station; where they reside. They shall further submit an undertaking to the
effect that he will abide by the terms and conditions of different circulars,
orders as well as guidelines issued by Central Government, State Government
as well as Local Administration for maintaining social distancing, hygiene etc
to avoid Novel Corona Virus (COVIC-19) pandemic.
I n view of the COVID-19, jail authorities are directed that before
releasing the appellants, medical examination of appellants shall be undertaken
by the jail doctor and on prima facie, if it is found that they are having the
symptoms of COVID-19, then consequential follow up action including the
isolation/quarantine or any test if required, be ensured, otherwise appellants
shall be released immediately on bail and shall be given a pass or permit for
movement to reach his place of residence.
E copy of this order be sent to the trial Court concerned for
compliance. It is made clear that E-copy of this order shall be treated as
certified copy for practical purposes in respect of this order.
Application stands disposed of. List this appeal for final hearing along
with the record in due course.
(VISHAL MISHRA)
3 CRA-1843-2021
JUDGE
Rks
RAM KUMAR SHARMA
2021.03.23 11:37:45
+05'30'
