Ramesh @ Dara Baheliya vs The State Of Madhya Pradesh
2021 Latest Caselaw 1775 MP

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                              THE HIGH COURT OF MADHYA PRADESH
                                    Cr.A. No.3600/2019
                      (Ramesh @ Dara Baheliya & others Vs. The State of M.P.)




   Jabalpur, Dated : 04.05.2021

          Heard through videoconferencing.
          Shri Siddarth Datt, counsel for the appellants.
          Shri Shubham Rai, Panel Lawyer for the respondent/State.

Heard learned counsel for the parties and perused the record. Learned counsel for the appellants seeks permission of this Court to withdraw I.A.No.5875/2021, an application for interim bail.

It is accordingly dismissed as withdrawn.

Also heard on I.A.No.13660/2020, an application under Section 389 (1) of Cr.P.C. for suspension of jail sentence and grant of bail on behalf of the appellant No.2 Rajesh Baheliya.

This criminal appeal under Section 374 (2) of Cr.P.C assails the judgment dated 12.04.2019 passed by the Third Additional Session Judge, Sidhi, District Sidhi in Session Trial No.77/2016 whereby the appellant has been convicted under Sections 307/34 of IPC and sentenced to undergo RI for five years' with fine of Rs.1,000/- and under Section 323/34 of IPC and sentenced to undergo RI for one year with fine of Rs.500/-, with default stipulation.

It is submitted by counsel for the appellant that the appellant has remained in custody for a period of two months and 8 days during trial. Now he has completed more than 50 percent of the jail sentence awarded to him. He is ready to abide by all the terms and conditions that may be imposed by this Court. It is submitted that co-accused has already been granted bail. Hence, counsel for the appellant prays for suspension of sentence and grant of bail to the appellant.

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.3600/2019 (Ramesh @ Dara Baheliya & others Vs. The State of M.P.)

Learned Panel Lawyer for the respondent/State opposed the prayer and prayed for rejection of this application.

Considering the overall facts and circumstances of the case and looking to the

fact that there is a marriage in the family and the custody period of the applicant as well

as the present scenario of Covid-19 pandemic, this Court deems it appropriate to

consider the application for grant of bail and suspension of sentence.

Accordingly, application for suspension of sentence is allowed. The jail

sentence of appellant No.2 Rajesh @ Pappu Baheliya shall remain suspended and he

be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty

Thousand Only) with a solvent surety in the like amount to the satisfaction of

concerning trial Court for his appearance before this Registry on 08.11.2021 and

thereafter on all other dates as may be fixed by the office.

The appellant is further directed to abide by all the terms and conditions.

Appellant 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.

Appellant further submit the 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 (COVID-19) pandemic.

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.3600/2019 (Ramesh @ Dara Baheliya & others Vs. The State of M.P.)

In 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 appellant 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 provided to the appellant and 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.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE VKV/-

Digitally signed by VINAY KUMAR VERMA Date: 2021.05.05 11:42:30 +05'30'