Puroshottam Vasudev vs The State Of Madhya Pradesh
2021 Latest Caselaw 1863 MP

   HIGH COURT OF MADHYA PRADESH, JABALPUR

                      Cr.A. No.122/2019
         ( Purshottam Vasudev Vs The State of M.P.             )
                                  (1)

Heard through video conferencing.
Jabalpur, dated : 06/05/2021
      Shri Brajesh Kumar Mishra, learned counsel for the appellant.

         Shri Gopal Jaiswal, learned Panel Lawyer for the respondent-

State.

Heard on I.A. No.1171/2021, sixth application for suspension

of sentence and grant of bail. Earlier first application IA

No.161/2019, second application IA No. 22597/2019, third

application IA No. 5558/2020, fourth application IA No.7261/2020

and fifth application IA No. 7987/2020 were dismissed vide order

dated 30/07/2019, 17/06/2020, 03/07/2020 and 10/08/2020

respectively.

This appeal has been preferred against the judgment dated

10/12/2018 passed by Sessions Judge, District Anuppur (M.P.) in

S.T No. 64/2014 whereby the appellant has been convicted under

sections 304 Part-I and Read With Section 34 of the IPC and

sentenced to undergo five years RI with fine of Rs. 10,000/-

Learned counsel for the appellant submits that the the Court

below has wrongly convicted the appellant. It is submitted that

appellant was on bail during trial and has never misused the liberty

so granted. It is submitted that if he released on bail, there is no

possibility of his absconsion. An early hearing of this criminal appeal

is not possible. It is further submitted that in view of COVID-19

outbreak,detention of appellant in already congested prisons may be

detrimental. With the aforesaid submissions, prayer for suspension of HIGH COURT OF MADHYA PRADESH, JABALPUR

Cr.A. No.122/2019 ( Purshottam Vasudev Vs The State of M.P. )

sentence is made.

The prayer is opposed by learned Panel Lawyer.

An early hearing of this case is not possible. Taking into

consideration the overall facts and circumstances of the case, the I.A.

is allowed

It is, therefore, directed that if appellant deposits the entire

fine amount, if not already deposited, and furnishes a personal bond

in the sum of Rs.50,000/-(Rupees fifty thousand Only) with a

solvent surety in the like amount to the satisfaction of trial Court for

his appearance before the Registry of this Court on 14th December,

2021 and on such subsequent dates as may be fixed in this regard,

sentences of imprisonment awarded to him shall remain suspended

till further orders and he shall be released on bail.

The appellant shall furnish a written undertaking that he will

abide by the terms and conditions of various circulars, as well as,

orders issued by the Central Government, State Government and

local administration from time to time such as maintaining social

distancing, physical distancing, hygiene etc. to avoid proliferation of

Corona virus.

Certified copy/e-copy as per rules/directions.

(S.A.Dharmadhikari) Judge Prachi*

PRACHI MISHRA 2021.05.06 22:15:08 +05'30'