Madhya Pradesh High Court
Dayaram vs The State Of Madhya Pradesh on 8 November, 2021
Author: Anil Verma
1 Cr.R.No.2638/2021
(Dayaram Vs. State of M.P.)
Indore : Dated 8.11.2021
Shri Nilesh Dave, learned counsel for the applicant.
Ms. Seema Maheshwari, learned Panel Lawyer for the
respondent/State.
Record of the Courts below be requisitioned.
Heard on I.A.No.27407/2021, an application under Section 397 of
Cr.P.C.for suspension of sentence filed on behalf of applicant.
The applicant has been convicted under Section 6/9 of
M.P.Govansh Vadh Pratishedh Adhiniyam and sentenced to suffer six
months' RI with fine of Rs.5,000/- with default stipulation vide judgment
of conviction dated 6.12.2019 passed by Judicial Magistrate First Class,
Khargone in R.C.T.No.1382/2017, whereby the trial Court has sentenced
the applicant for one year RI. The appellate Court has reduced the
sentence from one year to six months and remaining part of the judgment
of the trial Court remained intact vide judgment dated 11.8.2021 passed
in Cr.Appeal No.123/2019 & 02/2020.
Learned counsel for the applicant submits that applicant is
innocent. The Courts below have not properly appreciated the evidence
and have wrongly convicted the applicant. During trial, applicant
remained on bail and did not misuse the liberty granted to him. Applicant
has suffered jail incarceration since 11.8.2021 (during trial he remained
in jail for 10 days). Fine amount has been deposited. Due to Covid-19
pandemic, final hearing of criminal revisions are not taking place.
(Dayaram Vs. State of M.P.)
Therefore, prays for suspension of sentence and enlargement of applicant
on bail, on such terms and conditions this Court deems fit and proper.
Per contra, learned Panel Lawyer opposes the prayer for
suspension of sentence.
After considering the facts and circumstances, nature and gravity
of the allegation and also taking note of the fact that co-accused Salim
has also been released on bail and his remaining jail sentence has been
suspended till disposal of the criminal revision, final conclusion of the
revision will take considerable long time, but without commenting on
merits of the case application is allowed.
It is directed that jail sentence of the applicant shall remain
suspended subject to deposit of fine amount, if not already deposited, and
he be released on bail on his furnishing a personal bond in the sum of
Rs.75,000/- (Rs. Seventy Five 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 25.11.2021 and on
other subsequent dates as may be fixed in this behalf with following
further 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 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;
(Dayaram Vs. State of M.P.)
(ii) violations of conditions, State is free to apply for
cancellation of bail.
Accordingly, the IA stands disposed of.
Certified copy as per rules.
(Anil Verma)
Judge
Patil
Digitally signed by
SHAILESH PATIL
Date: 2021.11.09
10:37:12 +05'30'
