Mahesh Chouhan vs State Of M.P.
2021 Latest Caselaw 1984 MP

                                                                                1                                CRR-114-2021
                                                    The High Court Of Madhya Pradesh
                                                               CRR-114-2021
                                                                     (MAHESH CHOUHAN Vs STATE OF M.P.)

                                            3
                                            Indore, Dated : 17-05-2021
                                                  Heard through video conferencing.
                                                  Shri Anirudda Saxena, learned counsel for the applicant.
                                                  Shri Aditya Garg, learned Panel Lawyer for respondent/State.

Let record of the Courts below be requisitioned. Heard on I.A.No.415/2021; an application on behalf of applicant seeking

suspension of sentence of 3 years RI with fine of Rs.1000/- with default stipulation for the offence punishable under Section 409 IPC awarded vide judgment dated 17.12.2020 passed by 3rd Sessions Judge, Barwah, Paschim Nimar, Mandleshwar in Cr.Appeal No.100185/2015.

Learned counsel for the applicant submits that learned Courts below have not properly appreciated the evidence and committed error in convicting the applicant. The applicant was on bail during trial and he has not misused the liberty. 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 applicant on bail, on such terms and conditions this Court deems fit and proper.

Upon hearing learned counsel for the applicant, but without commenting upon merits of the rival contentions so advanced regard being had to the fact that present applicant is in custody since 31.12.2020, and the disposal of revision will take time, the application is allowed. It is directed that the jail sentence of the applicant shall remain suspended and he be released on bail on his depositing the fine amount and on furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court. The applicant is directed to appear before the Registry of this Court on 14.12.2021 and on other Signature Not VerifiedDigitally signed by SAN SMT MUKTA subsequent dates as may be fixed in this behalf with following further KOUSHAL Date: 2021.05.17 18:00:10 IST 2 CRR-114-2021 conditions. :-

(i) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant 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 including the isolation/quarantine or any further test required be undertaken immediately. If

not, the applicant shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or permit for movement to reach his place of residence;

(ii) violation of conditions, State is free to apply for cancellation of bail. Accordingly, the IA stands disposed of. List in due course.

E-Certified copy as per rules.

(ROHIT ARYA) V. JUDGE

MK

Signature Not Verified VerifiedDigitally Digitally signed by SAN SMT MUKTA KOUSHAL Date: 2021.05.17 18:00:10 IST