Madhya Pradesh High Court
Punit @ Bachcha vs The State Of Madhya Pradesh on 8 May, 2021
Author: Rohit Arya
1 CRR-983-2021
The High Court Of Madhya Pradesh
CRR-983-2021
(PUNIT @ BACHCHA Vs THE STATE OF MADHYA PRADESH)
1
Indore, Dated : 08-05-2021
Shri K.K. Tiwari, learned counsel for the petitioner.
Shri Shantanu Sharma, learned Panel lawyer for the respondent-State.
Heard through Video Conferencing.
Let the record of Courts below be requisitioned.
Also heard on I.A. No.7578/2021, an application under Section 5 of
Limitation Act.
For the reasons stated in the application and the submission advanced, I.A. is
allowed.
Delay is condoned.
I.A. stands closed.
Further heard on I.A. No.6807/2021, an application under Section 397 (2) of
Cr.P.C. for suspension of sentence and grant of bail on behalf of petitioner.
The petitioner has been convicted under Section 25(1-B)(B) of Arms Act and
sentenced to undergo 01 years RI with fine of Rs.200/- vide judgment dated
21/08/2019 passed in Criminal Case No.9714/2016 by the Chief Judicial Magistrate
First Class, Ujjain. The appellate Court maintained the conviction and sentence vide
judgment dated 19/11/2019 passed in Criminal Appeal No.183/2019 passed by First
Additional Sessions Judge, Ujjain.
Learned counsel for the petitioner submits that the petitioner is innocent and
has been falsely roped in the offence. Petitioner remained in jail for 02 months 14
days (i.e. from 27/12/2016 to 31/12/2016 and from 25/02/2021 till date). During
trial, petitioner remained on bail and did not misuse the bail granted to him. During
Covid-19 pandemic the regular criminal revisions are not being taken up for
consideration on merits. Therefore, prays for suspension of sentence and
enlargement of petitioner on bail, on such terms and conditions this Court deems fit
and proper.
Learned Public Prosecutor opposes the bail application.
Taking into consideration facts and circumstances of the case and the fact that
revision will take time, the application is allowed. It is directed that the jail sentence
2 CRR-983-2021
of the petitioner shall remain suspended and he be released on bail on his furnishing
personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with one solvent
surety in the like amount to the satisfaction of the trial Court subject to deposit of
the fine amount. The petitioner is directed to appear before the Registry of this Court
on 13/08/2021 and on other dates as may be fixed in this behalf with following
further conditions.
( i ) the petitioner shall abide by the terms and conditions of
various circulars and orders issued by the Government of India and the
State Government as well as the local administration from to time in the
matter of maintaining social distancing, physical distancing, hygiene, etc.,
to avoid proliferation of Novel Corona virus (COVID-19);
( i i ) the concerned jail authorities are directed that before
releasing the petitioner, the medical examination of the petitioner 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 or any further test required be undertaken immediately. If not, the
petitioner shall be released on bail in terms of the conditions imposed in
this order ;
In the event of violation of any of the terms and conditions of the order by the
petitioner, the prosecution is at liberty to seek cancellation of the bail granted to the
petitioner.
Learned Public Prosecutor is directed to send an e-copy of this order to the
Court concerned for necessary compliance.
Accordingly, the IA stands disposed of.
(ROHIT ARYA)
JUDGE
vc
Digitally signed by VARSHA CHATURVEDI
DN: c=IN, o=HIGH COURT OF MADHYA
VARSHA
PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474011,
CHATURVEDI
st=Madhya Pradesh,
2.5.4.20=df59fbf0f5c7485addc8affe3edf2
0e67d11d7f91045d81139f6792fbd4ae91f,
cn=VARSHA CHATURVEDI
Date: 2021.05.08 17:15:38 +05'30'
