Bawan vs The State Of Madhya Pradesh
2021 Latest Caselaw 2006 MP

                                                                    1                              CRR-1112-2020
                                         The High Court Of Madhya Pradesh
                                                    CRR-1112-2020
                                                       (BAWAN Vs THE STATE OF MADHYA PRADESH)

                                 4
                                 Jabalpur, Dated : 21-05-2021
                                       Heard through Video Conferencing.
                                       Shri Mohan Sausarkar, counsel for the applicant.
                                       Ms. Prashansha Bais, Panel Lawyer for the respondent-State.

Revision is already admitted for final hearing. Heard on IA No.4048/2020, which is an application for suspension of

sentence and grant of bail to applicant.

Applicant has been convicted under Section 409 of the Indian Penal Code and sentenced to undergo R.I. for three years with fine of Rs.500/- with default stipulation.

Learned counsel for the applicant submits that applicant is in jail since the date of judgment i.e. 07.08.2019. It is further submitted that the revision would take a long time to be heard finally. Therefore, considering the period of jail sentence suffered by the applicant remaining, jail sentence of applicant may be suspended.

Learned counsel for respondent-State has opposed the bail. Considering the arguments advanced by the learned counsel for the parties and also the fact that the applicant is in jail since 07.08.2019, without commenting on the merits of the case IA No.4048/2020 is allowed and it is directed that, subject to depositing the fine amount, if not already deposited, the remaining jail sentence of applicant shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with a surety bond of like amount to the satisfaction of the trial court for his appearance before the Registry of this Court on 08.11.2021 and on such other dates as may be fixed by the Registry in this regard.

The jail authority is directed to ensure that the applicant is examined by Signature Not Verified SAN the doctor to ascertain that he is not afflicted with the COVID-19 virus. If the

Digitally signed by MANOJ NAIR Date: 2021.05.21 19:02:19 IST 2 CRR-1112-2020 doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event, the doctor is of the opinion that the applicant can be released, he shall be released.

Certified copy as per rules.

(SANJAY DWIVEDI) V. JUDGE

mn

Signature Not Verified SAN

Digitally signed by MANOJ NAIR Date: 2021.05.21 19:02:19 IST