Ajgar Alias Asgar vs The State Of Madhya Pradesh
2021 Latest Caselaw 958 MP

                                   1                                 CRA-1572-2021
        The High Court Of Madhya Pradesh
                   CRA-1572-2021
                (AJGAR ALIAS ASGAR Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 22-03-2021
       Shri Abhishek Singh Bhadoria, learned counsel, for the appellant.
       Shri Alok Sharma, 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.7309/2021, an application under Section 389 (1) of Cr.P.C for suspension of jail sentence on behalf of the appellant who stood convicted by the judgment dated 8.2.2021 passed by Special Judge (Atrocities) Sheopur in SCTAR No. 41/19 under Sections 323 of IPC read with 3 (2) (va) of the SC ST Act, 324 of IPC read with Section 3 (1) (r) and 3 (2) (va) of the SC ST Act, 190 of IPC read with 3 (2) (va) of the SC ST Act and 3 (1) (s) of the SC ST Act and sentenced to undergo RI for six months with fine of Rs.1000/-, one year with fine of Rs.2000/-, six months with fine of Rs.1000/- and six months with fine of Rs.1000/- respectively with default

stipulation.

It is submitted by counsel for the appellant that the appellant remained in custody during trial and he has never misused the liberty granted to himThis appeal is of the year 2021 and there is no likelihood of this appeal being heard early. He further submits that the appellant has already deposited the fine amount. Appellant is ready to abide with all the conditions which may be imposed by this court while considering this bail application. His sentence has already been suspended by the trial court till 9.4.2021. Hence, the appellant 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.

2 CRA-1572-2021 Considering the overall facts and circumstances of the case but without commenting on the merits of the case, this Court deems it appropriate to 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 appellant shall remained suspended till final disposal of this appeal and the appellant is directed to be released on bail on furnishing a personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) 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 appellant is further directed to abide by all the terms and conditions. He shall install Arogya Setu App in his mobile immediately and would intimate his place of residence to the SHO of concerned Police Station; where he resides. He 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 appellant, medical examination of appellant shall be undertaken by the jail doctor and on prima facie, if it is found that he is 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 3 CRA-1572-2021 with the record in due course.

(VISHAL MISHRA) JUDGE

Rks

RAM KUMAR SHARMA 2021.03.23 11:37:02 +05'30'