Madhya Pradesh High Court
Raghvendra Singh vs The State Of M.P. on 18 November, 2021
Author: Vishal Mishra
1 CRR-2460-2021
The High Court Of Madhya Pradesh
CRR No. 2460 of 2021
(RAGHVENDRA SINGH AND OTHERS Vs THE STATE OF M.P.)
2
Jabalpur, Dated : 18-11-2021
Shri Jagdish Singrol, counsel for the applicants.
Shri Tapan Bathre, panel lawyer for the respondent/State.
Heard on I.A. No.17782/2021, an application for condonation of delay.
There is a delay of 477 days delay in filing this criminal revision.
For the reasons mentioned in the application, the same is allowed.
Also heard on I.A.No.17908/2021, an application for suspension of
sentence of applicant, who stood convicted vide judgment dated 25.07.2018
under Section 332 of IPC and sentenced to undergo one year's RI with fine
of Rs.500/-, and Section 427 of IPC and sentenced to undergo six months RI
with fine of Rs.500/- respectively with default stipulations.
It is argued the the applicant had remained under custody for a period
of seven days during trial as is reflected from the judgment dated 24.09.2016
and subsequently from 23.09.2021 he is in custody, therefore, he prays for
suspension of his jail sentence and grant of bail. He is ready to abide by all
the terms and conditions which may be imposed by this Court. In view of the
aforesaid, he prays for suspension of sentence and grant of bail.
Per contra, counsel for the State has opposed the application stating
that the applicant was not present at the time of the judgment and the appeal
was passed and has remain absconded for a considerable period. He could
not dispute the fact that the applicant is in custody since 23.09.2021.
Considering the over all facts and circumstances of the case, this Court
deems it appropriate to allow this application. Consequently, without
commenting anything on the merits of the case, I.A.No.17908/2021 is allowed
and jail sentence of the applicant is suspended. Applicant is directed to be
released on bail on furnishing a personal bond in the sum of Rs.50,000/-
Signature Not Verified
SAN
(Fifty thousand only) with one solvent surety in the like amount to the
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2021.11.18 18:54:02 IST
2 CRR-2460-2021
satisfaction of trial court for his appearance before Registry of this court on
31.03.2022 and thereafter on all other dates as may be fixed by the office.
The applicant shall install Arogya Setu App in his mobile immediately
and would intimate his place of residence to the SHO of concerned Police
Station; where he resides. Applicant shall further submit the undertaking to the
effect that he will abide by the terms and conditions of different circulars,
orders as well as guidelines issued by Central Government, State Government
as well as Local Administration for maintaining social distancing, hygiene etc
to avoid Novel Corona Virus (COVID-19) pandemic.
I n view of the COVID-19, jail authorities are directed that before
releasing the appellant medical examination of applicant shall be undertaken
by the jail doctor and on prima facie, if it is found that he is having the
symptoms of COVID-19, then consequential follow up action including the
isolation/quarantine or any test if required, be ensured, otherwise appellant
shall be released immediately on bail and shall be given a pass or permit for
movement to reach his place of residence.
E-copy of this order be provided to the applicant and E-copy of this
order be sent to the trial Court concerned for compliance. It is made clear
that E-copy of this order shall be treated as certified copy for practical
purposes in respect of this order.
List this revision for admission in due course.
Cc as per rules.
(VISHAL MISHRA)
JUDGE
taj
Signature Not Verified
SAN
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2021.11.18 18:54:02 IST
