Madhya Pradesh High Court
Shravan vs The State Of Madhya Pradesh on 5 May, 2021
Author: Vishal Mishra
1 CRA-4791-2017
The High Court Of Madhya Pradesh
CRA-4791-2017
(SHRAVAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
20
Jabalpur, Dated : 05-05-2021
Heard through Video Conferencing.
Shri Suyash Mohan Guru, counsel for the appellant no.2 Nandkishore.
Shri Shubham Rai, PL for the respondent/State.
Shri Ramanuj Chaubey, counsel for the objector.
Heard on I.A.No.8373 of 2021 third application under Section 389 of
Cr.P.C for suspension of sentence and grant of bail on behalf of appellant
No.2 Nandkishore who stood convicted vide judgment dated 26.4.2016 under
Section 307 and 323/34 of IPC and sentenced to undergo RI for seven years
with fine of Rs.1000/- and for six months respectively with default stipulation
and is in jail since then.
It is submitted by counsel for the appellant that earlier two applications
of the appellant were dismissed with liberty to repeat after six months and
after completion of 50% of total jail sentence. It is argued that the appellant is
in jail since more than five years and as per report receipt from jail authorities
dated 7.3.2020 Annexure A/3 he has already undergone five years jail
sentence out of total seven years. Fine amount has already been deposited by
him. Therefore, looking to this Covid 19 Pandemic scenario, the jail
sentence of the appellant is liable to be suspended till final disposal of this
appeal.
Per contra, counsel for the state has opposed the prayer stating that
earlier applications of the appellant were considered and rejected as the
appellant is main accused in the case as he had caused injuries to the injured
by means of Gupti but he could not dispute the factum that the appellant has
already undergone five years jail sentence as per report received from jail
authorities.
Considering the facts and circumstances of the case and the custody
2 CRA-4791-2017
period of the appellant, this court deems it appropriate to allow this
application.
Consequently, I.A.No.8373 of 2021 is allowed and jail sentence of the
appellant no.2 Nandkishore only is suspended. He is directed to be released
on bail subject to verification of the facts as stated by counsel for the
appellant herein in above and that the appellant has already deposited
the fine amount and on furnishing personal bond in the sum of
Rs.50,000/- (Fifty thousand only) with one solvent surety in the like amount
to the satisfaction of trial court for his appearance before Registry of this
court on 30.11.2021 and thereafter on all other dates as may be fixed by the
office.
The 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 shall 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.
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 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 applicant 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.
List this appeal for final hearing in due course.
3 CRA-4791-2017
CC as per rules.
(VISHAL MISHRA)
JUDGE
RAM KUMAR SHARMA
2021.05.06 17:37:02
+05'30'
