Om Prakash vs The State Of M.P.
2021 Latest Caselaw 1960 MP

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          THE HIGH COURT OF MADHYA PRADESH
                          Cr.A.No.780/2004
                      (Omprakash Vs. State of M.P.)

Gwalior, Dated:-13.5.2021
      Heard through Video Conferencing.

      Shri Arun Pateriya, learned counsel for the appellant.

      Shri Rajeev Upadhyay, learned Public Prosecutor for the

respondent/State.

Heard the learned counsel for the parties.

This criminal appeal under Section 374 of Cr.P.C assails the

judgment of the trial Court dated 4.10.2004 passed by Sessions

Judge, Chachoda, District Guna in Sessions Trial No.262/2001,

whereby appellant has been convicted and sentenced as under:

Section   Act          Imprisonment        Fine       Default (in lieu
                                                      of fine)
304 (2)   IPC          6 years R.I.        Rs.500/-
25 (1) and Arms Act    1 year R.I.         Rs.250/-
29 (Ka)
27        Arms Act     1 year R.I.         Rs.250/-

Heard on I.A. No.11916/2021, second application under

Section 389 (1) of Cr.P.C for suspension of jail sentence and grant

of bail on behalf of appellant.

It is argued by the learned counsel for the appellant that on

17.1.2005 the first application for suspension of sentence of the

appellant was allowed, but on 29.8.2019 the appellant's counsel

could not appear before this Court and therefore the order dated

17.1.2005 was recalled and warrant of arrest was issued against the

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.780/2004 (Omprakash Vs. State of M.P.)

appellant and thereafter in compliance of the order dated 29.2.2020

the perpetual warrant has been issued against the appellant and he

has been arrested and is in custody. Learned counsel for the

appellant submits that it is the fault of the counsel as he could not

contacted the appellant and relied upon the judgment passed by

Hon'ble Supreme Court in the case of M.K.Prasad Vs. P.Armugam,

reported in, AIR 2001 SC 2497 and has argued that it is a settled law

that for fault of counsel, a party should not be made to suffer. Learned

counsel for the appellant submits that the amount of fine have already

been deposited. Learned counsel further submits that hearing of the

appeal shall take some time. He is ready to abide by all the terms and

conditions as may be imposed by this Court. Upon these submissions,

learned counsel for the appellants pray to allow the I.A.

On the other hand, learned Public Prosecutor for the State has

opposed the application stating that looking to the nature of the

offence committed by the present appellant he is not entitled for grant

of bail and prayed for dismissal of the application.

Considering the overall facts and circumstances of the case and

looking to custody period of the appellants as well as looking to the

present scenario of COVID-19, this Court deems it appropriate to

allow this application.

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.780/2004 (Omprakash Vs. State of M.P.)

Accordingly, application for suspension of sentence is allowed.

The appellant is directed to be released by suspending his sentence on

furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty

Thousand Only) with two solvent sureties of the like amount to the

satisfaction of trial court, subject to verification of depositing the fine

amount, if any, for his appearance before Registry of this Court on

30.11.2021 and thereafter on all such other dates as may be fixed in this

regard until further orders.

The appellant is directed to abide by all the terms and

conditions. Appellant 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. Appellant 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 (COVID-19) pandemic.

In view of the COVID-19, jail authorities are directed that

before releasing the appellant, medical examination 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

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.780/2004 (Omprakash Vs. State of M.P.)

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.

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

Application (I.A.No.11916/2021) stands disposed of.

List for final hearing immediately after resumption of

physical hearing.

(Vishal Mishra) V. Judge Pawar*

ASHISH PAWAR 2021.05.14 11:23:27 +05'30'