Madhya Pradesh High Court
Phoola @ Shyamsundar Patel vs The State Of Madhya Pradesh on 4 May, 2021
Author: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 2861/2020
(Phoola @ Shiyamsundar Patel Vs. the State of Madhya Pradesh and Others.
Jabalpur, Dated : 04.05.2021
Heard through videoconferencing.
Shri S.K. Patel, learned counsel for the applicant.
Shri Shubham Rai, learned Panel Lawyer for the respondent no. 1/State.
Heard on admission.
The appeal appears to be arguable.
Admit for final hearing.
Also heard on I.A. No. 5760/2020, application for suspension of jail sentence
and grant of bail on behalf of the appellant.
This criminal appeal under Section 14 - (A) of the SC/ST (Prevention of
Atrocities) Act has been filed by the appellant against the order dated 18.03.2020 passed
in Special Case (ATR) No. 87/2017 by the Special Judge (Atrocities) Panna, District
Panna, whereby the appellant has been convicted under Section 323 of IPC and under
Section 3 (2) (5-a) of the SC/ST Act and sentenced to undergo 6 months RI with fine of
Rs. 1,000/- with default stipulation.
It is submitted by the counsel for the appellant that prior to conviction, the
appellant has remained in custody and thereafter from the date of judgment i.e.
18.03.2020. Fine amount has been deposited. He is ready to abide by all the terms and
conditions which may be imposed by this court while considering the application for
suspension of jail sentence and grant of bail. Therefore, appellant prays for suspension
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 2861/2020
(Phoola @ Shiyamsundar Patel Vs. the State of Madhya Pradesh and Others.
of jail sentence and grant of bail.
Per contra, learned counsel for the State opposed the application and prayed
for rejection of the suspension application.
Considering the overall facts and circumstances of the case, this Court deems
it appropriate to consider the application for grant of bail and suspension of jail
sentence.
Accordingly, application for suspension of jail sentence is allowed. The
appellant is directed to be released by suspending his sentence subject to verification of
the fine amount and on furnishing a personal bail bond of Rs.50,000/- (Rs. Fifty
Thousand Only) with one solvent surety of the same amount to the satisfaction of trial
Court. The appellant is directed to appear before the Registrar (Judicial-II) of this
Registry for his presence on 12.11.2021 and thereafter, subsequent dates as may be fixed
by the Registry from time to time till disposal of the appeal.
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 (COVIC-19) pandemic.
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
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No. 2861/2020
(Phoola @ Shiyamsundar Patel Vs. the State of Madhya Pradesh and Others.
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.
Copy of this order be sent to the trial Court concerned for compliance.
List the appeal for final hearing in due course.
C.C. as per rules.
(VISHAL MISHRA)
JUDGE
VKV/-
Digitally signed
by VINAY
KUMAR VERMA
Date: 2021.05.05
11:31:03 +05'30'
