Preetam Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 7938 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR

                          Cr.R.No.3147/2021
                    ( Preetam Singh Vs. State of M.P.)
                                   (1)

Gwalior, dated : 29.11.2021

      Shri Asad Khan, learned counsel for the petitioner.

      Shri Brijmohan Shrivastava, learned Public Prosecutor for the

respondent/State.

Heard on the question of admission.

Revision is admitted for final hearing.

Record of the court below be called for.

Also heard on IA.No.32479/2021.

This is the first application for suspension of sentence under

Section 397 (1) of Cr.P.C. filed on behalf of the petitioner.

This revision has been filed against the judgment dt.

15.11.2021 passed by Second Additional Sessions Judge, Dabra,

District Gwalior in Cr.A.No.43/2019, whereby the judgment of the

trial court dt.12.06.2019 passed in RCT No.1782/2013 convicting

the petitioner under Section 224 of IPC and sentencing to undergo

six months' R.I. with fine of Rs.500/- with default clause has been

modified and while maintaining the conviction and fine sentence, the

custodial sentence has been altered to three months' R.I.

Learned counsel for the petitioner submits that the petitioner is

innocent and he has not committed the crime as alleged. The

petitioner has suffered jail sentence since the date of judgment i.e.

15.11.2021. Fine amount has already been deposited. It is submitted

that the learned courts below have not properly appreciated the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.R.No.3147/2021 ( Preetam Singh Vs. State of M.P.)

evidence and committed error in convicting the petitioner. Under

such circumstances, prayer for suspension of sentence and

enlargement of petitioner on bail is made.

On the other hand, learned Public Prosecutor appearing for

respondent/State, opposes the application and prays for its dismissal.

Upon hearing learned counsel for the parties, without

commenting upon the rival contentions touching the merits of the

case and the aforesaid facts and circumstances, the present petitioner

is held entitled for suspension of sentence and thus the application

deserves to be allowed.

Consequently, IA.No.32479/2021 is hereby allowed and it is

directed that execution of jail sentence of the petitioner shall remain

suspended during pendency of this revision and he shall be enlarged

on bail subject to furnishing personal bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand only) with one solvent surety in the like

amount to the satisfaction of the learned Trial Court and also subject

to deposit of the fine amount (if not already deposited) for

appearance before the Registry of this Court on 10.03.2022 and on

further dates as may be directed by the Registry in that regard with

following further conditions:

(i) the petitioner will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time to time in the matter of HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.R.No.3147/2021 ( Preetam Singh Vs. State of M.P.)

maintaining social distancing, physical distancing, hygiene, etc, to avoid proliferation of Novel Corona virus(COVID-

19);

(ii) the concerned jail authorities are directed that before releasing the petitioner, the medical examination of the petitioner 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. Learned State counsel is directed to send e-copy of this order

to all the concerned including the concerned Station House Officer

of the Police Station for information and necessary action.

IA.No.32130/2021 stands closed.

(ROHIT ARYA) JUDGE

SP

SANJEEV KUMAR PHANSE 2021.11.30 12:51:08 +05'30'