Shivcharan vs The State Of Madhya Pradesh
2021 Latest Caselaw 1964 MP

                                                              1                              CRA-1216-2020
                                 The High Court Of Madhya Pradesh
                                            CRA-1216-2020
                                         (SHIVCHARAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                        7
                        Jabalpur, Dated : 13-05-2021
                               Heard through Video Conferencing.
                               Shri Rajeev Gupta, learned counsel for the appellant.
                               Smt. Gulab Kali Patel, learned G.A. for respondent/State.

Learned counsel for the rival parties are heard through Video Conferencing.

I.A.5507/2021, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant no.1 Shivcharan is taken up and considered.

This criminal appeal assails the judgment dated 21.01.2020 passed in ST.No.426/2015 by Second Additional Sessions Judge, Khurai, District Sagar (M.P.) whereby appellant has been convicted under Sections 325/34 and 307/34 of the IPC and has been sentenced to undergo simple imprisonment for a period of 2 years and 5 years and a fine in the sum of Rs.1,000/- and Rs.2,000/- respectively with default stipulation.

Learned counsel for the appellant submits that the appellant has

suffered more than about 1 year and 3 1/2 months incarceration.

Learned counsel for the State opposed the application and prayed for its rejection.

Without entering into the merits of the case and in view of order passed by the Hon'ble Apex Court in Suo Motu in W.P.No.01/2020 passed on 07.05.2021 with regard to under trial prisoner and also in view of the order passed by the Division Bench of this Court at principal seat, Jabalpur dated 10.05.2021 [WP.9320/2021- In Reference (Suo Motu) Vs. The State of M.P. & Ors.] and looking to second wave of Covid-19 pandemic and to avoid congestion in jails which are hotbed for spread of infection and that there is

Signature SAN Not no likelihood of early disposal of appeal in near future, this Court, without Verified

Digitally signed by S HUSHMAT HUSSAIN Date: 2021.05.15 14:03:13 IST 2 CRA-1216-2020 entering into merits of the matter, I.A.5507/2021 is allowed and it is directed that appellant no.1 Shivcharan be released on interim bail for a period of 90 (Ninety) days from the date of release, on his furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Magistrate subject to verification that amount of fine has been deposited by appellant. It is further directed that

appellant shall surrender himself before the concerned Magistrate immediately after expiry of 90 days. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of appellant during period of suspension of sentence as a consequence of this order. The intimation regarding surrender of the appellant be furnished to this Court by the concerned Magistrate.

List the case 10 days before expiry of 90 days (ninety days.) C.c as per rules.

                                                                                   (SHEEL NAGU)
                                                                                    V. JUDGE


                        sh




Signature
 SAN      Not
Verified

Digitally signed by S
HUSHMAT
HUSSAIN
Date: 2021.05.15
14:03:13 IST