Rohit Parmar vs The State Of Madhya Pradesh
2021 Latest Caselaw 2057 MP

                                 1                     Cra.2304.2021

                 The High Court of Madhya Pradesh
                           Cra.2304.2021
                  (Rohit Parmar Vs. State of M.P.)

Gwalior dated 28.05.2021

      Shri Anand Purohit, learned counsel for the appellant.

      Shri Rohit Shrivastava, learned Panel Lawyer for the

respondent/State.

Heard through video conferencing.

I.A. No. 14838/2021 first application u/Sec. 389(1) Cr.P.C. for

suspension of sentence and grant of bail moved on behalf of appellant-

Rohit Parmar is taken up and considered.

This criminal appeal assails the judgment dated 17.03.2021

passed in S.C. No.03/2013 by Twelth Additional Sessions Judge/Special

Judge, Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan

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

sentenced as under. :-

Section                  Imprisonment           Fine
420 IPC                  4 year's R.I           Rs.1000- with default
                                                stipulation
3    (4)   of   M.P. 3 month's R.I              Rs.1000/-
Nikshepakon ke Hiton                            with            default
Ka        Sanrakshan                            stipulation
Adhiniyam, 2000
6    (1)   of   M.P. 4 years S.I.               Rs. 50,000/- with
Nikshepakon ke Hiton                            default stipulation.
Ka        Sanrakshan
Adhiniyam, 2000
4 of Prize Chits and 2 years S.I.               Rs. 2000/- with default
Money     Circulation                           stipulation.
Schemes    (Banning)
Act, 1978
5 of Prize Chits and 1 years S.I.               Rs. 1000/- with default
Money     Circulation                           stipulation.
Schemes    (Banning)
Act, 1978
                                 2                      Cra.2304.2021

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.

The maximum sentence awarded to the appellant is four years.

Though the appellant has suffered only about 3 months' custody period

but looking to the directives of the Division Bench of this Court at

Principal Seat Jabalpur passed in W.P. No.9320/2021 [In Reference

(Suo Motu Vs.The State of M.P. & Ors.] on 17.05.2021 and since the

sentence awarded to the appellant is less than seven years and looking

to the second wave of COVID-19 pandemic and that there is no

likelihood of early disposal of appeal in near future, without entering

into the merits of the matter, IA.14838/2021 stands allowed and it is

directed appellant 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 concerned available 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.

3 Cra.2304.2021

The intimation regarding surrender of the appellant be furnished

to this Court by the concerned Magistrate.

List this case 10 days before expiry of 90 days.

(Sheel Nagu) Vacation Judge Aman Digitally signed by Aman Tiwari DN: c=IN, o=High Court Of Madhay Pradesh Bench

Aman Tiwari Gwalior, ou=all, 2.5.4.20=70c6eef55d043fbd523acacb7d1ef4b0609a 37510b8e1527bc41da9009c41f72, postalCode=474011, st=MADHYA PRADESH, cn=Aman Tiwari Date: 2021.05.31 17:06:24 +05'30'