Madhya Pradesh High Court
Mohammad Shahid vs The State Of Madhya Pradesh on 13 May, 2021
Author: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
Cr.R.No.1076/2021
(Mohammad Shahid Vs. State of M.P.)
Gwalior, Dated:-13/5/2021
Heard through video conferencing.
Shri Anmol Khedkar, learned counsel for the petitioner.
Shri Rajeev Upadhyay, learned Public Prosecutor for the
respondent/State.
Heard on I.A. No.10552/2021 filed u/s. 397 (1) of the Cr.P.C.
on behalf of petitioner.
The petitioner has been convicted under Sections 337 and 304-
A of the IPC and sentenced to suffer three months R.I with a fine of
Rs.500/- and to suffer one year R.I with a fine of Rs.500/-.
It is alleged by the counsel for the petitioner that the petitioner
was on bail during trial and the appellate stage. He has not misused
the liberty granted by the trial court as well as by the appellate court.
Now he is in custody since the date of judgment. As per the
prosecution story the allegation against the petitioner is that he was
driving the bus registration No.MP08-P-0876 and on 6.7.2009
accident took place in which Anurag Saxena was injured who was
driving his motorcycle and the deceased Shanti Devi Shrivastava was
sitting on his motorcycle and going to Bees Bhuja Devi Temple,
Bajranggarh when the petitioner was coming with his bus and hit his
motorcycle and by this accident Shanti Devi Shrivastava came under
the bus and died immediately on the spot and Anurag Shrivastava got
THE HIGH COURT OF MADHYA PRADESH
Cr.R.No.1076/2021
(Mohammad Shahid Vs. State of M.P.)
seriously injured. It is argued that there is nothing on record to show
that the petitioner has ever misused the liberty granted by the trial
court as well as by the appellate court. He has already deposited fine
amount. He is ready to abide by all the terms and conditions as may
be imposed by this Court. In such circumstances, learned counsel
for the petitioners pray to allow the I.A.
On the other hand, learned Public Prosecutor for the State has
opposed the prayer made by counsel for the petitioner and prays for
dismissal of this application.
Taking into consideration the overall facts and circumstances of
the case, but without commenting on the merits of the case and
looking to the present scenario of Covid-19 pandemic coupled with
the directives issued by the Hon'ble Supreme Court on 7.5.2021 in
the case of IN RE : CONTAGION OF COVID 19 VIRUS IN
PRISONS in SUO MOTU W.P. (C) No.1/2020, this Court deems it
appropriate to allow this application.
Accordingly, I.A.No.10552/2021, an application for
suspension of sentence of the petitioner is allowed subject to
verification that the fine amount has already been deposited. It is
ordered that petitioner be released on bail subject to depositing fine
amount on furnishing a personal bond of Rs.50,000/- (Rupees Fifty
Thousand) with one solvent surety of the like amount to the
THE HIGH COURT OF MADHYA PRADESH
Cr.R.No.1076/2021
(Mohammad Shahid Vs. State of M.P.)
satisfaction of the trial court. The petitioner is directed to appear
before the Registry of this Court on 30.11.2021 and on such
subsequent dates as may be fixed by the Registry of this Court.
The petitioner is directed to abide by all the terms and
conditions. Petitioner 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. Petitioner further submits
his 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 petitioner, 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
ensured, otherwise petitioner 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.10552/2021) stands disposed of.
THE HIGH COURT OF MADHYA PRADESH
Cr.R.No.1076/2021
(Mohammad Shahid Vs. State of M.P.)
List for final hearing immediately after resumption of
physical hearing.
(Vishal Mishra)
V. Judge
Pawar*
ASHISH
PAWAR
2021.05.14
11:20:36
+05'30'
