Vishal Meena vs The State Of Madhya Pradesh
2021 Latest Caselaw 8013 MP

             HIGH COURT OF MADHYA PRADESH,
                   BENCH AT GWALIOR
                          Cr.A. No.7040/2021
             ( Vishal Meena & another Vs. The State of M.P.)
                                    (1)

Gwalior, dated : 30.11.2021

         Shri D.S. Rajawat, Advocate for the appellants.

         Shri B.M.Shrivastava, Public Prosecutor for the respondent-

State.

Record of the trial Court be requisitioned.

Heard on I.A.No.32322/2021, first application under section

389(1) Cr.P.C., seeking suspension of sentence and grant of bail filed

on behalf of the appellants.

The present appellants have been convicted under section 471

of IPC and sentenced to suffer rigorous imprisonment of 4 years with

fine of Rs.1,000/- in default to suffer R.I. for 6 months vide

judgment dated 15/11/2021 passed in ST No.500106/2014 by the V

Additional Sessions Judge, Guna.

Learned counsel for the appellants submits that appellants are

innocent and have been falsely implicated in the case. The trial Court

has mis-appreciated the evidence on record. During trial the

appellants were on bail and have not misused the liberty so granted.

Final disposal of the appeal is likely to take time. The trial Court has

already suspended the execution of jail sentence till 22/12/2021. Fine

amount has already been deposited. On these grounds, learned

counsel prays that execution of the jail sentence of the appellants

may be suspended and they may be enlarged on bail.

Per contra, learned Public Prosecutor opposes the bail

application and prayed for its rejection.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.7040/2021 ( Vishal Meena & another Vs. The State of M.P.)

Considering the facts and circumstances of the case and

submission of learned counsel for the parties but, without expressing

any opinion on merits of the case, this Court is of the view that the

application deserves to be allowed. It is, accordingly, directed that

execution order of jail sentence of the appellants namely Vishal

Meena and Sudama Kirar shall remain suspended during pendency

of this appeal and they shall be enlarged on bail subject to furnishing

personal bond in the sum of Rs.1,00,000/- (Rupees One Lakhs

Only) each with one solvent surety each in the like amount to the

satisfaction of the Trial Court and also subject to deposit of the fine

amount (if not already deposited) for appearance before the Registry

of this Court on 10/3/2022, and on further dates as may be directed

by the Registry in that regard, with following further conditions:

(i) the appellants 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 to time in the matter of 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 appellants, the medical examination of the

appellants be conducted through the jail doctor and if it

is prima facie found that they are having any symptoms

of COVID-19, then the consequential follow up action HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.7040/2021 ( Vishal Meena & another Vs. The State of M.P.)

including the isolation/quarantine or any further test

required be undertaken immediately.

(iii) On violation of the conditions, State is free to

apply for cancellation of bail.

Accordingly, the I.A. stands allowed and disposed of.

Certified copy as per rules.

(Rohit Arya) Judge (and)

ANAND SHRIVASTAVA 2021.12.01 10:03:09 +05'30'