Madhya Pradesh High Court
Chhagan vs The State Of Madhya Pradesh on 5 May, 2021
Author: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH;
JABALPUR
Cr.R. No.1267/2021
(Chhagan Vs. State of Madhya Pradesh)
(1)
Jabalpur, dated :05.05.2021
Heard through Video Conferencing.
Shri L.P. Singh, Advocate for the petitioner.
Shri Prakash Gupta, Panel Lawyer for the respondent/State.
I.A. No.6664/2021, an application seeking condonation of
delay in filing the revision is taken up, considered and allowed for
the reasons mentioned in the application.
Delay in filing the revision is condoned.
This criminal revision appears to be arguable, hence, it is
admitted for final hearing.
Record of the courts below be requisitioned.
Issue notice to the complainant on payment of process fee by
RAD mode within seven working days. Notice be made returnable
within four weeks.
Heard on I.A. No.6663/2021, an application for suspension of
sentence and grant of bail filed on behalf of the petitioner.
This criminal revision has been preferred against the judgment
dated 29.07.2019 passed by Sessions Judge, District Burhanpur in
Cr.A. No.81/2019 arising out of the judgment dated 28.05.2019
passed by Chief Judicial Magistrate, District Burhanpur in criminal
case No.RCT/2744/2014 whereby, the petitioner has been convicted
under Section 325 of IPC and sentenced to undergo six months'
rigorous imprisonment with fine of Rs.1000/- and in default of
HIGH COURT OF MADHYA PRADESH;
JABALPUR
Cr.R. No.1267/2021
(Chhagan Vs. State of Madhya Pradesh)
payment of fine, one month's additional rigorous imprisonment.
It is submitted by learned counsel for the petitioner that the
petitioner has been falsely convicted. It is further submitted that
there are omissions and contradictions in the evidence of the
prosecution witnesses. There are fair chances of success of this
revision and the revision may take long time for its conclusion and
the petitioner cannot be kept in custody for an unlimited period.
Counsel for the petitioner further submitted that in view of COVID-
19, outbreak detention of petitioner in already congested prisons may
be detrimental. Under these circumstances, the execution of sentence
be suspended and he be released on bail.
Learned Panel Lawyer for the respondent/State opposed the
prayer.
Keeping in view the aforesaid prayer of learned counsel for
the petitioner and the facts & circumstances of the case so also in
view of second wave of COVID-19 pandemic and with a need to
decongest the jail, which are the potential hot spots for spread of
infection, this Court is inclined to extend the benefit of bail to the
petitioner. I.A. No.6663/2021 is allowed.
It is, therefore, directed that if petitioner deposits the entire
fine amount, if not already deposited, and furnishes a personal bond
in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one
local solvent surety in the like amount to the satisfaction of trial
HIGH COURT OF MADHYA PRADESH;
JABALPUR
Cr.R. No.1267/2021
(Chhagan Vs. State of Madhya Pradesh)
Court for his appearance before the Registry of this Court on 20 th
September, 2021 and on such subsequent dates as may be fixed in
this regard, sentences of imprisonment awarded to him shall remain
suspended till further orders and he shall be released on bail.
The petitioner shall also furnish a written undertaking that he
will abide by the terms and conditions of various circulars, as well
as, orders issued by the Central Government, State Government and
local administration from time to time such as maintaining social
distancing, physical distancing, hygiene etc. to avoid proliferation of
Corona virus.
A copy of this order be sent to the trial Court concerned for
compliance.
Certified copy as per rules.
(S.A.Dharmadhikari)
Judge
Shanu
Digitally signed by
SHANU RAIKWAR
Date: 2021.05.05
19:13:57 +05'30'
