Devraj vs The State Of Madhya Pradesh
2021 Latest Caselaw 1810 MP

                                     1                          CRR-390-2021
        The High Court Of Madhya Pradesh
                   CRR-390-2021
                      (DEVRAJ Vs THE STATE OF MADHYA PRADESH)

3
Jabalpur, Dated : 05-05-2021
       Heard through Video Conferencing.
       Shri Chanddarpal Singh counsel for the applicant.
       Shri Shubham Rai, PL for the respondent/State.

Heard on I.A.No.2379 of 2021 an application for suspension of sentence of applicant who stood convicted vide judgment dated 21.11.2019

under Section 25 (1-B) of Arms Act and sentenced to undergo one year's RI with fine of Rs.500/- with default stipulation.

It is submitted by counsel for the applicant that the fine amount has already been deposited by the applicant. He is in custody since the year 2018 in another case. In the present, owing to default in appearance, warrant was issued and he was produced before the court on production warrant. The court has rejected application of the applicant under Section 5 of the Limitation Act filed along with the appeal against the judgment of conviction and order of sentence holding that no reasonable ground is made out for

condonation of delay and the appeal filed by the applicant has also been dismissed. The applicant is in custody since 2018 in Crime No.47 of 2018 registered at PS Amalaya Ganj, Panna. On these grounds, he prayed for suspension of his jail sentence and grant of bail.

Per contra, counsel for the state has opposed the prayer and prayed for rejection of this application.

Considering the over all facts and circumstances of the case and looking to this Covid 19 Pandemic scenario, this court deems it appropriate to allow this application.

Consequently, I.A.No.2379 of 2021 is allowed and jail sentence of the applicant is suspended. Applicant is directed to be released on bail subject to verification of the submissions made by counsel for the applicant and 2 CRR-390-2021 the fact that the applicant 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 applicant 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. Applicant 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 applicant 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 revision for admission in due course.

Cc as per rules.

(VISHAL MISHRA) JUDGE RAM KUMAR SHARMA 2021.05.06 17:37:38 +05'30'