[email protected] vs The State Of Madhya Pradesh
2021 Latest Caselaw 1836 MP

1                            Cr.A.No.4388/2017
                    (Ram Singh @ Rama Vs. State of M.P.)

Indore : Dated 6.5.2021

      Shri Ramesh Chandra Verma, learned counsel for the appellant.

      Shri   Shantanu     Sharma,    learned   Panel   Lawyer     for   the

respondent/State.

Heard through video conferencing.

Heard on I.A.No.2749/2021, fourth application for suspension of

sentence.

The appellant has been convicted under Section 504 IPC and

sentenced to undergo one year with fine of Rs.5,000/-, under section 333

IPC and sentenced to undergo ten years RI with fine of Rs.10,000/- and

under Section 26(1)(d) & (h) of Indian Forest Act and sentenced to

undergo one year RI with fine of Rs.5,000/-, with default stipulation, vide

judgment dated 5.10.2017 passed by 4 th Addl.Sessions Judge, Dhar,

District Dhar in S.T.No.316/2015.

It is submitted that learned trial Court has wrongly convicted the

appellant. The learned trial Court has not properly appreciated the

evidence. The appellant was in jail from 25.12.2013 to 30.12.2013 (six

days) during trial and from the date of judgment i.e. 5.10.2017 up-till

today. The appellant has undergone the jail sentence for more than three

and half years. The disposal of appeal will take time, hence prayed for

suspension of execution of jail sentence.

The prayer is opposed by the learned Panel Lawyer

(Ram Singh @ Rama Vs. State of M.P.)

Taking into consideration that the appellant has served the jail

sentence for more than three and half years, the disposal of appeal will

take time, subject to depositing the fine amount, the application is

allowed. It is directed that the jail sentence of the appellant shall remain

suspended and he be released on bail on each of them furnishing a

personal bond in the sum of Rs.3,00,000/- (Rs.Three Lacs only) with

one solvent surety in the like amount to the satisfaction of the trial Court.

The appellant is directed to appear before the Registry of this Court on

28.6.2021 and on other subsequent dates as may be fixed in this behalf

with following further conditions:-

(i) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or permit for movement to reach his place of residence;

(ii) violation of conditions, State is free to apply for cancellation of bail.

Accordingly, the IA stands disposed of.

C.c.as per rules.

(Rohit Arya) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2021.05.06 18:23:10 +05'30'