Madhya Pradesh High Court
Kuldeep vs The State Of Madhya Pradesh on 8 November, 2021
Author: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
Cr.A. 10378/2019
( Kuldeep and Santosh Vs. The State of Madhya Pradesh )
(1)
Gwalior, dated : 08/11/2021
Shri M.S. Rawat, learned counsel for the appellants.
Ms Kalpana Parmar, learned Panel Lawyer for
respondent/State.
Heard on I.A. No.16741/2021, which is the Fourth application
under Section 389 (1) of Cr.P.C. for suspension of sentence and grant
of bail moved on behalf of the appellant No.2 - Santosh.
This appeal has been preferred against the judgment dated
11/11/2019 passed by Sessions Judge, Vidisha, District- Vidisha in
S.T. No.56/2018, whereby the appellant No.2 has been convicted as
under:-
Sections Sentence Fine (Rs.) Default
Stipulation
307/34 of IPC 7 Years RI Rs. 500/- 1 Month RI
323/34 of IPC 3 Months RI --- ---
Prosecution story found to be proved against the appellant is
that on 21/02/2018 at about 11:00 PM, the complainant alongwith
his cousin- Vimlesh was eating food in the marriage at Abhinandan
Vatika and Vimlesh asked the waiter to bring some water. On that,
the applicant and other co-accused persons started abusing filthily to
him and they assaulted Vimlesh by means of knife as well as sticks,
due to which, Vimlesh received injuries in abdomen. Other co-
accused persons also assaulted Vimlesh by kicks and fists.
Learned counsel for the appellants submits that the appellant
No.2 has been wrongly convicted and the appellant No.2 was on bail
during trial and he has not misused the liberty granted to him. It is
also submitted by the learned counsel for the appellants that the
appellant No.2 is in custody from the date of judgment i.e.
11/11/2019 and he is a permanent resident of District- Vidisha.
Attention has also been invited to the guidelines issued to all the
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
Cr.A. 10378/2019
( Kuldeep and Santosh Vs. The State of Madhya Pradesh )
States and Union Territories by the Apex Court for de-congesting the
prisons in suo motu W.P. (C) No. 1/2020 (IN RE : CONTAGION OF
COVID 19 VIRUS IN PRISONS) to consider release of prisoners
who have been convicted or are under trial for offences for which
prescribed punishment is up to 7 years or less by constituting a High
Powered Committee. It is also submitted that there are fair chances
of success of this appeal and the appeal may take long time for its
conclusion and the appellant No.2 cannot be kept in custody for an
unlimited period. Under these circumstances, the execution of
sentence be suspended and the appellant No.2 be released on bail.
On the other hand, learned Panel Lawyer appearing on behalf
of the respondent/State opposes the bail application.
Keeping in view of the aforesaid submissions of learned
counsel for the parties and the fact that an early hearing of this case
is not possible, I.A. No. 16741/2021 is allowed. It is, therefore,
directed that if appellant No.2- Santosh deposits the entire fine
amount, if not already deposited, and furnishes a personal bond in
the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with two
local solvent sureties of the like amount to the satisfaction of trial
Court for his appearance before the Registry of this Court on 5th
January, 2021 and on such subsequent dates as may be fixed in this
regard, sentence of imprisonment awarded to him shall remain
suspended till further orders and he shall be released on bail.
The appellant shall also furnish a written undertaking that he
will abide by the terms and conditions of various circulars, as well
as, orders issued by the Central Government, State Government and
local administration from time to time such as maintaining social
distancing, physical distancing, hygiene etc. to avoid proliferation of
Corona virus and the appellant shall also install Arogya Setu App. (If
not already installed) in the mobile phone.
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
Cr.A. 10378/2019
( Kuldeep and Santosh Vs. The State of Madhya Pradesh )
Learned Panel Lawyer is directed to send an e-copy of this
order to the Station House Officer of the concerned Police Station
for information and necessary action.
E- copy of this order be sent to the trial Court concerned for
compliance, if possible by the office of this Court.
Certified copy/e-copy as per rules/directions.
(S.A.Dharmadhikari)
Judge
Durgekar*
SANJAY Digitally signed by SANJAY NAMDEORAO
DURGEKAR
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
NAMDEORA
BENCH GWALIOR, ou=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, postalCode=474001,
st=Madhya Pradesh,
2.5.4.20=afa4701a2661e1fb7720c022ffc277608ce
O
55ba67f3594a641181b9ae8448e58,
pseudonym=DA26B82C5BC4CAF69072CA5A13C
A996C4169AB06,
serialNumber=1190D1488DBA862FB108ED6626
DURGEKAR
2DC2DC2CB9D310D73128B3A6E7B046FCF28227
, cn=SANJAY NAMDEORAO DURGEKAR
Date: 2021.11.08 16:48:52 +05'30'
