Raghavendra Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1838 MP

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                             THE HIGH COURT OF MADHYA PRADESH
                                     Cr.A. No. 325/2021
                              (Raghavendra Singh and others Vs. The State of Madhya Pradesh)




Jabalpur, Dated : 06.05.2021

          Heard through videoconferencing.
          Shri J.K. Dixit, learned counsel for the appellants.
          Shri Sourabh Soni, learned Panel Lawyer for the respondent/State.

Heard on admission.

The appeal appears to be arguable.

Admit for final hearing.

Record has already been received.

At the outset, counsel for the appellants prays for withdrawal of the application on behalf of Raghvendra Singh appellant no. 1.

Accordingly, the application is dismissed as withdrawn so far as it relates to Raghvendra Singh appellant no. 1.

Now the application is being considered only on behalf of appellant no. 2 Gangu @ Ramvishal.

Heard on I.A. No. 752/2021, an application under Section 389 (1) of Cr.P.C for suspension of jail sentence and grant of bail on behalf of the appellant no.2 Gangu @ Ramvishal.

This criminal appeal under Section 374 (2) of Cr..P.C. has been filed by the appellant against the order dated 30.12.2020 passed in S.T. No. 100275/2015 by the Additional Sessions Judge, Bijawar District Chhatarpur, whereby the appellant no. 2 Gangu @ Ramvishal has been convicted under Section 307/34 IPC and sentenced to undergo 7 years RI with fine of Rs.5,000/- and under Section 25 (1-B)A of Arms Act and sentenced to undergo 2 years RI with fine of Rs. 1,000/-, with default stipulation.

THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 325/2021 (Raghavendra Singh and others Vs. The State of Madhya Pradesh)

It is reflected from para no. 47 of the judgment that he has already undergone 5 years, 5 months and 3 days custody period during trial and thereafter from the date of judgment he is in custody, therefore, out of total period of 7 years sentence, he has already undergone more than 6 years imprisonment. He prays for grant of bail on the ground of custody period only.

Counsel for the State although has opposed the application. But fairly submits that the custody period is more than six years.

Considering the overall facts and circumstances of the case, without commenting anything on the merits, application is allowed, and looking to the custody period, this Court deems it appropriate to consider the application for grant of bail and suspension of jail sentence.

Accordingly, application for suspension of jail sentence is allowed. Appellant no. 2 Gangu @ Ramvishal is directed to be released by suspending his sentence subject to verification of the fine amount and on furnishing a personal bail bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of trial Court. He is directed to appear before the Registrar (Judicial-II) of this Registry for his presence on 30.11.2021 and thereafter, subsequent dates as may be fixed by the Registry from time to time till disposal of the appeal.

Appellant no. 2 Gangu @ Ramvishal 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. He 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 (COVIC-19) pandemic. In view of the COVID-19, jail authorities are directed that before releasing

THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 325/2021 (Raghavendra Singh and others Vs. The State of Madhya Pradesh)

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.

Copy of this order be sent to the trial Court concerned for compliance. List the appeal for final hearing in due course. C.C. as per rules.

(VISHAL MISHRA) JUDGE VKV/-

Digitally signed by VINAY KUMAR VERMA Date: 2021.05.07 12:00:01 +05'30'