Rahul Solanki vs The State Of Madhya Pradesh
2021 Latest Caselaw 997 MP

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           The High Court Of Madhya Pradesh
                      CRR-891-2021
                (RAHUL SOLANKI Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:-23/03/2021
       Shri D.S. Tomar, learned counsel for the petitioner.

       Shri Avneesh Singh, learned Public Prosecutor for the

respondent/State.

I.A. No.8894/2021, an application for urgent hearing is taken up,

considered and allowed for the reasons mentioned therein.

Admit.

Heard on I.A.No. 8895/2021, first application under Section 397

(1) of Cr.P.C. for suspension of sentence on behalf of the petitioner.

This criminal revision has been filed against the judgment dated

12/03/2021 passed by Fifteenth Additional Sessions Judge, District

Gwalior in Criminal Appeal No.21/2020 affirming the judgment of

conviction and sentence dated 23/12/2019 passed by Judicial Magistrate

First Class, Gwalior in Criminal Case No.3838/2016 by which the

petitioner has been convicted under Section 354 of I.P.C. has been

sentenced to undergo one year RI,with fine of Rs.100/- with default

stipulations.

It is submitted by learned counsel for the petitioner that the

petitioner has been wrongly convicted by the appellate Court as well as

by the trial Court. It is further submitted that the petitioner was on bail

during trial and has deposited the fine amount. Hence, prays to suspend

the jail sentence of the petitioner. He further undertakes to abide by all

the terms and conditions of guidance, circulars and directions issued by

The High Court Of Madhya Pradesh CRR-891-2021 (RAHUL SOLANKI Vs THE STATE OF MADHYA PRADESH)

Central Government, State Government as well as Local Administration

regarding measures in respect of COVID-19 Pandemic and maintain

hygiene in the vicinity while keeping physical distancing.

Counsel for the State vehemently opposed the prayer and prayed

to reject the application for suspension of sentence.

Heard learned counsel for the parties and perused the materials

available on record.

Looking to the aforesaid facts and circumstances of the case,

without commenting on merits of the case, the application (I.A.No.

8895/2021) is allowed and the remaining jail sentence of the petitioner is

hereby suspended. It is hereby directed that on depositing the fine

amount, if not already deposited, the petitioner shall be released on bail

on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand

only) with one solvent surety of the like amount to the satisfaction of the

concerned Court. The petitioner is further directed to mark his

appearance before the Office of this Court on 11.05.2021 and on

subsequent dates given by the Office in this regard, till final disposal of

this revision.

In view of COVID-19 pandemic, the Jail Authorities are directed

that before releasing the petitioner, his Corona Virus test shall be

conducted and if it is found negative, then the concerned local

administration shall make necessary arrangements for sending the

petitioner to his house, and if the test is found positive then the petitioner

The High Court Of Madhya Pradesh CRR-891-2021 (RAHUL SOLANKI Vs THE STATE OF MADHYA PRADESH)

shall be immediately sent to concerning hospital for her/his treatment as

per medical norms. If the petitioner is fit for release and if he is in a

position to make his personal arrangements, then he shall be released

only after taking due travel permission from local administration. After

release, the petitioner is further directed to strictly follow all the

instructions which may be issued by the Central Govt./State Govt. or

Local Administration for combating the Covid-19. If it is found that the

petitioner has violated any of the instructions (whether general or

specific) issued by the Central Govt./State Govt. or Local

Administration, then this order shall automatically lose its effect, and the

Local Administration/Police Authorities shall immediately take them in

custody and would send him to the same jail from where he was

released.

The petitioner is further directed to inform the SHO of concerned

police station about his residential address in the said area and it would

be the duty of the Public Prosecutor to send E-copy of this order to SHO

of concerned police station for information.

List the case for final hearing in due course.

E- copy of this order be sent to the Court below concerned for compliance.

Certified copy/ e-copy as per rules/directions.

(Rajeev Kumar Shrivastava) Judge Monika

MONIKA SHARMA 2021.03.24 10:47:35 +05'30'