Vikaram Singh Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 2004 MP

                                        1              Cra.3057.2021

                The High Court of Madhya Pradesh
                            Cra.3057.2021
              [Vikram Singh Yadav Vs. State of M.P.]
Gwalior dated 21.05.2021

      Shri Kartik Sharma, learned counsel for the appellant.

      Shri Girraj Soni, learned Panel Lawyer for respondent/State.

Heard through video conferencing.

IA.14385/2021 first application u/Sec. 389(1) Cr.P.C. for

suspension of sentence and grant of bail moved on behalf of

appellant is taken up and considered.

This criminal appeal assails the judgment dated 12.03.2021

passed in SST.No.104/2016 by Special Judge (MPDVPK Act),

Gwalior (M.P.) whereby appellant has been convicted and sentenced

as under with default stipulation :-

       Sections              Imprisonment                Fine
392 IPC and 13                04 years' RI      Rs.1,000/- with
MPDVPK Act                                      default stipulation

Learned counsel for the State opposed the application and

prayed for its rejection by contending that on the basis of the

allegations and the material available on record, no case for

suspension of sentence is made out.

Learned counsel for the appellant contends that appellant has

suffered about 14 months' period of incarceration as against four

years' sentence awarded and fine amount has been deposited.

Considering the above and that there is no likelihood of early

disposal of the present appeal in the near future due to present

second wave of Covid-19 pandemic, without entering into the merits

of the matter, this Court is inclined to grant bail to appellant by way 2 Cra.3057.2021

of suspension of sentence.

Accordingly, without expressing any opinion on merits,

IA.14385/2021 is allowed and it is directed that the jail sentence of

appellant will remain under suspension subject to verification that

the amount of fine has been deposited, on appellant furnishing bail

bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with

one solvent surety of the like amount to the satisfaction of concerned

available Magistrate for his appearance before the concerned

available Magistrate first on 02.07.2021 and on such further dates as

may be fixed by him which shall be of frequency not less than once a

year.

In case, appellant is found absent on any date fixed by the

concerned available Magistrate then the said Magistrate shall be free

to issue and execute warrant of arrest for securing his presence

without first referring the matter to this Court, provided the Registry

of this Court is kept informed.

The learned concerned available 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 the appellant during period of

suspension of sentence as a consequence of this order.

A copy of this order be sent to the court below for compliance.

C.c. as per rules.

(Sheel Nagu) Vacation Judge pd PAWAN Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF

DHARK MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=345b3604d572ed9dd149

AR 2fe82dc3b1eef67eff2cb59f3ac97e 920ac264de7828, cn=PAWAN DHARKAR Date: 2021.05.22 16:22:28 +05'30'