Ajeet Lad vs The State Of Madhya Pradesh
2021 Latest Caselaw 1814 MP

                                           1


                    The High Court of Madhya Pradesh
                              Cra -1037-2021
                    (Ajeet Lad & Ors. Vs. State of M.P.)


Gwalior, dated : 05/05/2021

       Shri Lal Ji Kushwah, Advocate for the appellants.

       Shri Ritwik Parashar, learned Public Prosecutor, for respondent/State.

Learned counsel for the rival parties are heard.

Record of the trial Court is received the same is perused.

Appeal being arguable is admitted for hearing.

I.A.2561/2021, first application for suspension of sentence moved on

behalf of appellants No.1 to 3-Ajeet Lad, Firoz & Nandu @ Nandkishore

u/Sec. 389(1) Cr.P.C. is taken up and considered along with reply of the State.

This criminal appeal assails the judgment dated 13/02/2021 passed in

Case No.SCATR No.200101/2015 by Special Judge (Atrocities) Khandwa,

District Khandwa, (M.P.), whereby appellants No.1 to 3 have been convicted

as under : :-

Sections                   Imprisonment               Fine
353 of IPC                 1 year's R.I.              -

Learned counsel for the State opposed the appeal and prayed for its

rejection by contending that on the basis of the allegations and the material

available on record, no case for grant of bail is made out.

It is submitted that appellants No.1 to 3 have been sentenced to undergo

for one year's R.I. for the offence punishable u/S.353 IPC.

In view of above and looking to the fact that there is no likelihood of

early disposal of the appeal in near future and considering the changed

scenario in view of the Covid-19 pandemic, this Court is inclined to grant bail

to the appellant No.1 to 3- Ajeet Lad, Firoz & Nandu @ Nandkishore by way

of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A.2561/2021

is allowed and it is directed that the jail sentence of appellant No.1 to 3-Ajeet

Lad, Firoz & Nandu @ Nandkishore will remain under suspension subject

to verification that the amount of fine has been deposited, on the appellants'

furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) in case

of each appellant with two solvent sureties of the like amount to the

satisfaction of concerned available Magistrate for their appearance before the

concerned available Magistrate on 17/11/2021 and on such further dates as

may be fixed by him which shall be of frequency not less than once a year.

In case, appellants are found absent on any date fixed by the concerned

Magistrate then the said Magistrate shall be free to issue and execute warrant

of arrest for securing their presence without first referring the matter to this

Court, provided the Registry of this Court is kept informed.

The learned concerned Magistrate and the prosecution are directed to

ensure following of Covid-19 precautionary protocol prescribed from time to

time by the Supreme Court, the Central Govt. and as well as the State Govt

during release, travel and residence of the appellant during period of

suspension of sentence as a consequence of this order.

A copy of this order be sent to the Court concerned for information.

C.c as per rules.

                                                                                                (Sheel Nagu)
     vpn                                                                                          Judge

VIPIN      Digitally signed by VIPIN KUMAR AGRAHARI
           DN: c=IN, o=High Court Of Madhay Pradesh
           Bench Gwalior, ou=all,


KUMAR

2.5.4.20=ba9f628dc9a78be87be1fa639319d 643831453fb2787ea87394b7febf7a6def2, postalCode=474011, st=MADHYA PRADESH, serialNumber=64bf959b6ffdeef8e12c62166

AGRAHARI 740b3c771ffbcb05102395b93dc7fb337059a 94, cn=VIPIN KUMAR AGRAHARI Date: 2021.05.06 13:30:02 +05'30'