Manohar vs The State Of Madhya Pradesh
2021 Latest Caselaw 1987 MP

                                                                      1                                CRA-2958-2021
                                            The High Court Of Madhya Pradesh
                                                       CRA-2958-2021
                                                        (MANOHAR Vs THE STATE OF MADHYA PRADESH)

                                    1
                                    Jabalpur, Dated : 17-05-2021
                                          Heard through Video Conferencing.
                                          Mrs. Indu Pandey learned counsel for the appellant.
                                          Shri Nishant Yadav, Panel Lawyer for the respondent-State.

Heard on the question of admission.

Perused the impugned judgment.

Appeal is admitted for final hearing.

Let record of the court below be called for. Also heard on IA No.7128/2021, which is an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant.

Appellant has been convicted under Section 489(c) of the Indian Penal Code and sentenced to undergo three years' rigorous imprisonment with fine o f Rs. 5000/- with default stipulation. Learned counsel for the appellant submits that appellant was on bail till 15.05.2021 but in view of the order of the Division Bench passed by this Court in W.P. No.8820/2021 [In

Reference (Suo Motu) vs. Union of India and others] dated 23.04.2021, the said period has been extended till 15.06.2021.

Learned counsel for the respondent-State has opposed the application for suspension of sentence.

Considering aforesaid, IA No.7128/2021 is allowed. It is directed that remaining jail sentence of appellant shall remain suspended and he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a surety b o nd of like amount to the satisfaction of trial court concerned for his

appearance before the registry of this Court on 29th November, 2021 and on such other dates as may be fixed by the registry in this regard.

Signature Not Verified
  SAN                                     The jail authority is also directed to ensure that before his release, the
Digitally signed by SATYA SAI RAO
Date: 2021.05.17 19:43:34 IST
                                                                          2                           CRA-2958-2021

appellant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the appellant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that the appellant can be released, then he shall be released.

Certified copy as per rules.

(SANJAY DWIVEDI) V. JUDGE

rao

Signature Not Verified SAN

Digitally signed by SATYA SAI RAO Date: 2021.05.17 19:43:34 IST